Legal Question in Real Estate Law in Utah

My question is concerning the home inspection we received on our home. We purchased the home in February of 2008. At the time the ($400) inspection was done, the roof was covered in snow. The inspector was not able to determine the condition of the roof. The roof is visibly damaged and needs repair. We have had some bids to do repairs and are finding out that the roof has several years of damage (at least five years) and the previous home owner more than likely knew that it needed to be replaced. One of the roofing companies told me that the inspector was at fault- that the inspector should have requested that money be placed in an escrow account to cover the cost of repairing the roof and then returned in the spring to re-evaluate the roof.

I am not sure who to talk with about this or if this information is even accurate??


Asked on 8/02/10, 8:02 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

IF the former owner knew about the damage that owner had a duty to disclose and you can sue for some or all of the cost of repairs. If the inspector disclaimed any reference to the roof because it was covered with snow, he would not be held liable -- unless the damage was visible from the attic.

Your sales documents may allow you to get your attorney fees paid if you sue the owner.

You may call for a free consultation.

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Answered on 8/09/10, 8:51 am


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