Legal Question in Real Estate Law in Texas
After buying house found things left off disclosure
I bought a house last year and had it inspected before buying. The owner told me about foundation repair that was done in early 2003 and that it had a lifetime warranty. The home inspector told me the roof had a few pock marks but should be good for at least 5 more years. My insurance company came out and inspected the roof and said they would not cover it as it was totalled. We went back and checked the inspector's report and it said he passed it but needed someone else to come check it. Also we found out that there was foundation repair in 1988 they never told us about and is not on the disclosure, and also does not have a warranty. My insurance company said to get previous owners to file claim on the roof, they refuse. And the disclosure on the house said foundation repair in 2003 lifetime warranty, but about half the piers done in 1988 are not covered nor were we told about that repair. What are my options?
2 Answers from Attorneys
Re: After buying house found things left off disclosure
Howdy:
Hiring an inspector to check a property before purchase is a really great idea. However, to make the investment worthwhile, you need to pay attention to what he tells you, and act on the information.
Since you had an independent inspection, which informed you about a roof problem, I think the roof is yours. I guess a reasonable question is when did your insurance company tell you the roof was a loss? If it was before close, than the roof should've become a negotiating point.
While they claim they won't cover it, if the hail comes in and does enough further damage to equate a replacement loss, then I think they'll still be on the hook for it. Is there a specific roof exclusion on your homeowner's dec sheet?
If you contact the previous insurance company directly, you might be able to file a claim against the policy that was in force.
Also, if the inspector (who should be insured and bonded) was negligent in his inspection, then his insurance company may be on the hook for the repairs to the roof. The inspection report stating that the inspector assumes no future liability for screwing up the report, which they all claim, can generally be ignored.
I assume from your question that the previous owner bought the house prior to 1989?
Is there a problem with the foundation work from the 1988 repairs? (A raised foundation house, it seems?) If the work was performed properly, and corrected the foundation problems, it's probably a non-issue.
rkr
Re: After buying house found things left off disclosure
You can get estimates for the work that needs to be done from a couple of different reputable repair companies. If the claim is under $5,000 you can sue the seller and inspector in small claims court. If the claim is over $5,000 you can hire a lawyer sue them in district court. Unfortunately, I find that a law suit (or threat of one) will move people into doing what they should have done in the first place. Sometimes it works with just a letter from an attorney.
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