What my attorney said about the roof on the house I want to buy

debodun

debodun

SF VIP
Location
way upstate in New York, USA
The home inspection on Wednesday revealed a lot of minor problems, but his main concern was the condition of the roof. The report was sent to my realty agent and my attorney. My buyer's agent then has someone come and give an estimate on how much it would cost to put on a new roof. To do the area where the most problema are would be $5900 and to do the whole roof would be $8900. My attorney called earlier and asked if the roof condition was a deal-breaker. I said it wasn't if they took the full estimated cost of repairing the roof off of the selling price or had the roof repaired. She said the seller is not obligated do either, which is something opposite my buyer's agent said. The agent indicated that they either have to repair the roof or take the cost of it off the selling price. Now I'm confused, unless I didn't understand something.
 

Condition of sale, I would NOT be accepting a repair on anything of any kind.

If a portion of the roof is in need of attention (i.e. repair), I would make clear that the entire roof will need replaced at the expense of the seller (accept NO repairs). They eat the cost.

Same goes for any other questionable repairs, things/issues. All paid for by the current owner/seller, and NOT added to my cost/purchase price.

You are NOT looking to buy your way into a headache. You want your new home 100% fit for occupancy with NO underlying issues.

Your inspection should reflect NO damages, repairs, or fixes needed. ALL in good standing order.

If the seller is interested in selling, then they'll take care of whatever needs taken care of, and THEY will eat the cost, otherwise move on and find another home.

Shame on your attorney for stooping to the low level of calling you and asking you if roof repairs were a deal breaker for you. New roof or NO deal.

Anyone in their right mind would not close on a home when repairs are knowingly needed, unless the urgency of such repairs are minor, and the cost of such repairs are reflected in a reduction of the closing sale price (dollar for dollar).
 
Assuming the attorney read the actual contract, he/she would be correct. Seller has mutliple choices, not 2. Do the repair, drop the price, do nothing and let the deal fall through, or offer to drop the price for 1/2 the cost, etc. Some sellers refuse to do any repairs, some will do minor repairs, very few see the inspection process as a blank check for the buyer.
 

Aunt Marg said:
Condition of sale, I would NOT be accepting a repair on anything of any kind.

If a portion of the roof is in need of attention (i.e. repair), I would make clear that the entire roof will need replaced at the expense of the seller (accept NO repairs). They eat the cost.

Same goes for any other questionable repairs, things/issues. All paid for by the current owner/seller, and NOT added to my cost/purchase price.

You are NOT looking to buy your way into a headache. You want your new home 100% fit for occupancy with NO underlying issues.

Your inspection should reflect NO damages, repairs, or fixes needed. ALL in good standing order.

If the seller is interested in selling, then they'll take care of whatever needs taken care of, and THEY will eat the cost, otherwise move on and find another home.

Shame on your attorney for stooping to the low level of calling you and asking you if roof repairs were a deal breaker for you. New roof or NO deal.

Anyone in their right mind would not close on a home when repairs are knowingly needed, unless the urgency of such repairs are minor, and the cost of such repairs are reflected in a reduction of the closing sale price (dollar for dollar).
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Exactly. Roof or foundation issues are things that you either get fully repaired or walk away from.
 
1. The roof needs done, Deb, not repaired. It states that the roof has reached it's end. Deal breaker for me.
2. Minor repairs are required to plumbing vents on the roof... evidence of moisture penetration. There could be rot in the roof, structure deficiencies present, etc. This in itself would be a deal breaker for me automatically in itself.
3. There is signs of deteriorated trim. Another deal breaker for me.
4. Fireplace/wood stove flu condition... inspection does not include. When you are looking to purchase a home you want ALL inspected, every nook, every cranny, every single square inch, and you want an itemized rundown of all. No exceptions. All inspected, completely, 100%.
5. Bathroom fixture needs repaired. NO. Bathroom fixture needs replaced.
6. Heating system. Inspector unable to locate a service record indicating last time it had a complete exhaustive evaluation performed on it. A new furnace can run $10,000 in Canadian dollars. Do you want to purchase a home where you are unaware of the condition of such?
7. Main drain of the house had a towel over it and has leaked in the past. Major red flags, Deb.
8. Sump pump in basement needs a new check valve, pump needs tested.

I wouldn't be able to live with myself if I advised you to do anything other than to walk away from this deal.

The list I complied was a quick scan of the inspection report. There are other outstanding issues within.
 
I saw a piece on the freaky home sales status now with homes being at a premium. People are so desperate to find and buy a home some even pass on a home inspection just so they can lock in a deal and it showed some sorry examples of homes people bought that needed major repairs found after the sale. The average time a home stays on the For Sale list is 17 days where I live.
 
If I was having buyer's remorse I would use this as a deal-breaker to get out of the contract and walk away.

If I wanted the house I would push for the seller to reduce the price by $8,900.00 and have the roof replaced immediately after taking possession.

If they refused but I still wanted the house then I would negotiate for the $5,900 and pay the additional $3,000.00 to have the roof replaced immediately after taking possession.

In the grand scheme of things, we are talking about approx. 3% of the cost of the house to replace the roof.

"Chump change if you ask me." - debodun
 
debodun said:
The home inspection on Wednesday revealed a lot of minor problems, but his main concern was the condition of the roof. The report was sent to my realty agent and my attorney. My buyer's agent then has someone come and give an estimate on how much it would cost to put on a new roof. To do the area where the most problema are would be $5900 and to do the whole roof would be $8900. My attorney called earlier and asked if the roof condition was a deal-breaker. I said it wasn't if they took the full estimated cost of repairing the roof off of the selling price or had the roof repaired. She said the seller is not obligated do either, which is something opposite my buyer's agent said. The agent indicated that they either have to repair the roof or take the cost of it off the selling price. Now I'm confused, unless I didn't understand something.
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The seller probably doesn’t want to foot the bill, because of inflation. Building supply cost are through the roof.
 
Aunt Marg said:
4. Fireplace/wood stove flu condition... inspection does not include. When you are looking to purchase a home you want ALL inspected, every nook, every cranny, every single square inch, and you want an itemized rundown of all. No exceptions. All inspected, completely, 100%.
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Wow. What kind of inspector doesn’t check the stove flu and then other things that Marg listed. As she said there are many flags - service records for the furnace (age?), main drain has a towel over it because it leaked in the past (Why does it still have a towel.)

That roof without full compensation for replacement would have me on hold.

What day do you have to make you have to give your final decision?

They are not obligated to repair the roof, you are not obligated to buy if you’re not happy with the deal.
 
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Jules said:
Wow. What kind of inspector doesn’t check the stove flu and then other things that Marg listed. As she said there are many flags - service records for the furnace (age?), main drain has a towel over it because it leaked in the past (Why does it still have a towel.)

That roof witch out full compensation for replacement would have me on hold.

What day do you have to make you have to give your final decision?

They are not obligated to repair the roof, you are not obligated to buy if you’re not happy with the deal.
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My sentiment to a T.

I'd be washing my hands clean of the place yesterday.
 
Aunt Bea said:
If I was having buyer's remorse I would use this as a deal-breaker to get out of the contract and walk away.

If I wanted the house I would push for the seller to reduce the price by $8,900.00 and have the roof replaced immediately after taking possession.

If they refused but I still wanted the house then I would negotiate for the $5,900 and pay the additional $3,000.00 to have the roof replaced immediately after taking possession.

In the grand scheme of things, we are talking about approx. 3% of the cost of the house to replace the roof.

"Chump change if you ask me." - debodun
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REMEMBER, DEB! You have a big problem getting contractors to work with you.
 
Because we are selling our house here in Florid, I have learned that different states have different rules regarding the sale of your property. The property owner is not obliged to make any repairs, but they are required to disclose anything that needs repaired that they are aware of and the roof would be one of those items. If the repairs exceed even $1.00, the potential buyer may walk away from the deal and have their deposit or "good faith money" returned.

In this case, I would get my own roof estimate and ask the seller to either replace the roof or leave the money in the deal for me to have it replaced. Having a roof repaired is probably a bad idea. That would be like putting a band-aide on a cut that requires stitches as my Dad used to say.

I also agree that the realtor is most likely trying to make the sale and will tell the buyer whatever they want to hear.
 
In Scotland the procedure used to be that the prospective purchaser paid for a survey and from that, a reasonable price would be offered. If the prospective purchaser was unsuccessful, it meant that they were out of pocket, so the rules were changed and now the seller has an independent survey done, and prospective purchasers can inspect that.

In general, the purchaser will be aware of the general state of the property and any repairs that may need to be done. The offer price will reflect that. If the offer is accepted, it forms the basis of a legal contract (this is one place Scots law is different from the rest of the UK).

It is not unusual for houses to be sold on the understanding that the purchaser will undertake extensive repairs - the price of course will reflect that.

For example....
A unique opportunity to acquire an end terraced dwellinghouse in need of complete renovation and will provide a substantial family home upon completion, set in an extensive plot.

The house comprises a lounge, bedroom, Kitchen, sitting room and bathroom on the ground floor and two bedrooms on the upper floor. To the rear is an extensive garden with some outbuildings. The garden has a vast array of mature trees (this is estate agent talk for "a jungle").

This price will probably be equivalent $50k and would cost about the same to renovate it. So for $100k, it would probably be worth about $150-$180k on completion.

Main-use-1536x1152.jpg
 
I don't think there's a stove flu involved. The only stove is an electric one in the kitchen.

Thank you to all that offered opinions on the HI report. Something to think about. Probelm is, if I back out now, I lose my $12,500 deposit or will only be reimbursed a portion because they will claim the sale was on hold and they may have lost other opportunities to sell.
 
debodun said:
I don't think there's a stove flu involved. The only stove is an electric one in the kitchen.

Thank you to all that offered opinions on the HI report. Something to think about. Probelm is, if I back out now, I lose my $12,500 deposit or will only be reimbursed a portion because they will claim the sale was on hold and they may have lost other opportunities to sell.
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Talk to your attorney - the house failed inspection and you should be entitled to have your deposit refunded.
 
debodun said:
I don't think there's a stove flu involved. The only stove is an electric one in the kitchen.

Thank you to all that offered opinions on the HI report. Something to think about. Probelm is, if I back out now, I lose my $12,500 deposit or will only be reimbursed a portion because they will claim the sale was on hold and they may have lost other opportunities to sell.
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Here in Canada the sale is not closed until the buyer signs off on the inspection.

If the buyer is not happy with what the inspection uncovers, the buyer walks away, zero loss to the tentative buyer.

To help the situation along if you encounter resistance, go through the inspection report with a fine tooth comb, notate all 100% of things that need doing, and demand ALL be done.

My guess is you'll be free of any deposit loss.

I would not put a deposit down on a home. We don't do that in our country.
 
Aunt Marg said:
Here in Canada the sale is not closed until the buyer signs off on the inspection.

If the buyer is not happy with what the inspection uncovers, the buyer walks away, zero loss to the tentative buyer.

To help the situation along if you encounter resistance, go through the inspection report with a fine tooth comb, notate all 100% of things that need doing, and demand ALL be done.

My guess is you'll be free of any deposit loss.

I would not put a deposit down on a home. We don't do that in our country.
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"Earnest money" deposits are a standard here, but the amounts do vary. Buyers generally will not even look at an offer unless there is earnest money included. I have bought and subsequently sold at least 15 homes in my life and every contract involved earnest money.

YMMV
 
I just read that you put down a $12,500. Well, that puts it way out of my area of "expertise". It IS a 25 year old home. It IS about the time for a new roof, and settling issues., That's almost expected in a 25 year old place. But all those "doesn't work" from ceiling fans to tub drains doesn't lead one to think the place was meticulously maintained. If the owner does the repairs, don't forget he is the one okaying the quality of work and materials, which are used. But are you up to the headache of contractors, who say it'll be done "Thursday", but it's Thursday next month. debodun, I called the cops to escort my contractor off my property-twice.
I don't know legal stuff. You have to make up your mind, and tell your attorney what you want to do.
 
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