East Oregonian : E.O., October 06, 2017, Page 12E, Image 11

12E // Real Estate & Home Builders Guide // October 2017
Leaky roof could be a case of seller
misrepresentation, but it’s tough
By Ilyce Glink and Samuel J. Tamkin
Tribune Content Agency
Q
: I read your recent article about
the buyers who bought a home and
subsequently found out that no heat was
coming into their bedroom because the
room had no duct work. The question was
related to non-disclosure by the seller.
My question is regarding a “misrep-
resentation” by the seller. My sellers said
the roof was 8 years old with a 25-year
warranty. Recently, heavy rains resulted
in a roof leak. When a roofing contractor
came to inspect the roof, he said the roof
was more like 20 years old, or older. When
he was inspecting the attic, he found a pot
in the attic positioned to catch water from
a roof leak.
So, clearly the seller knew about the
leak. I pulled the permit from the city, and
the roof was indeed more than 20 years
old. This was only the latest in a series of
misrepresentations made by the sellers and
their agents.
How would you respond under this
scenario? I lived in the home for four years
prior to finding out about the roof. Thank
you.
: We can’t address other misrepresen-
tations you’ve encountered since living
in the home because you didn’t describe
them, so let’s discuss the roof. We wonder
whether you had the home inspected before
you made your offer, as any professional
home inspector should have found the pot
in the attic and alerted you to the possible
true age of the roof.
It has been four years since you closed
and only recently had a problem with
the roof. At this point, we don’t know if
a newer roof would have had the same
problems or not. In some parts of the
country, vicious hail or wind storms could
cause a serious leak even in a new roof.
We also don’t know what you would
have done differently if you had known the
roof was 20 or more years old when you
purchased the home. If the kitchen pot in
the attic had been left there from a recent
leak that the seller’s patched, the roof
might have been in pretty good shape at
closing, albeit at the end of its useful life.
So many questions, so few answers. You
remember the seller telling you the roof
was 8 years old, but was that really what
you were told? Did you receive a written
disclosure form that had the age of the
roof listed? We’ve seen situations where a
seller is asked about the age of the roof and
the sellers may not know and estimates it
A
A message from the
Umatilla County
Board of REALTORS®
To get the best return on your home, you need to make your
home look its best. Here’s the checklist that will help you do it.
Floor coverings
o Dirt or stains?
o Excessive wear or damage?
o Area rugs clean and stain-free?
THINKSTOCK IMAGE
based on his or her knowledge or what the
prior seller told them.
We don’t know how long the sellers
lived in the home. We can imagine a
situation where your sellers purchased
the home a year or two before you and
their sellers told them that the roof was
relatively new and your sellers repeated
that information to you.
There are too many variables here for
us to determine if you have a legal action
against the seller. If the roof had been 8
years old, but the seller had put on the least
expensive roof available, you might have
still ended up where you are now. Some
roof warranties are only 5 to 10 years
while others last up to 50 years.
While you may have a claim for
misrepresentation (on this and perhaps
other “misrepresentations”), we’re not sure
what your recovery would be now. We also
don’t know whether the seller disclosure
laws in your state would help you four
years after your closing. And even if you
can prove fraud by the seller, we should
warn you that the cost of litigation might
be more than the recovery would get from
your seller.
You’re in a tough spot. You might need
to pay for a new roof. And, if you proceed,
you’ll have to also fund litigation expenses
(although if you win, you may be reim-
bursed for those in addition to winning
damages). Please consult with a litigation
attorney in your area who has successfully
litigated seller disclosure cases to deter-
mine what your rights and remedies might
be, given your circumstances, and how
much it might cost to get you there.
Walls and ceilings
o Dirt, fi ngerprints or other stains?
o Nail or thumb-crack holes, tape residue?
o Cracks, chips, water damage?
o Need for repainting or new wallpaper?
o Neutral, light colors for roomy environment?
Doors
o Dirt, fi ngerprints or other stains?
o Need new paint?
o Open/close easily without squeaks?
o Latches/handles secure and working properly?
Windows
o Glass sparkling clean/chip- and crack-free?
o Open/close easily?
o Latches/handles/locks secure, working properly?
o Dirt and fi ngerprints on frames or sills?
o Screens clean and without holes?
o Storm windows in good condition?
Window coverings
o Dirt or stains?
o Excessive wear or sun damage?
o Open/close easily, hardware working properly?
Lighting
o Lighting makes a room feel more inviting
o All bulbs working and proper wattage?
o Broken switches, exposed wiring?
o Table and fl oor lamps working properly?
Pet areas
o Clean, organized, odor-free?
Entryways and hallways
o Clean and free of clutter or obstructions?
o Welcome mat(s) clean and inviting?
Closets and storage areas
o Clean and well organized?
o Clutter and excess junk removed?
o Clothes hung neatly and not jammed together?
o Shoes and boots neatly stored/stacked?
Kitchen
o Every surface sparkling clean?
o Countertops organized, all but daily use
appliances?
o Refrigerator spotless inside and out?
o Organized? Spoiled food discarded?
o Frost removed? Light bulbs working?
(Buyers look!)
o Oven/stovetop clean? Burner trays cleaned?
o Sinks clean; faucets working properly
and leak-free?
o Garbage disposal in good working condition?
o Cupboards/pantry spotless, organized?
o Dishwasher clean and stain-free?
Living room, dining room, bedrooms,
den and study
o Everything thoroughly vacuumed/dusted?
o Excess furniture removed for roomier
atmosphere?
o Remaining furniture clean and in good repair?
o Wood and other surfaces clean and polished?
o Bookshelves neat, organized and clutter-free?
o Children’s games/toys stored neatly?
o Fragile items removed and stored?
o Smaller valuables removed/locked away?
o Window coverings open for views and sunlight?
o Mirrors clean and in good repair?
o Ashtrays cleaned and kept out of sight?
o Fireplace clean, logs/kindling stacked neatly?
Bathrooms
o Every surface sparkling clean?
o Countertops organized, free of clutter?
Fresh soap?
o Sinks spotlessly clean, faucets working properly?
o Tub and shower surfaces clean?
o Towels stain-free and hanging neatly?
o Shower curtain clean and in good repair?
o Toilet extra-clean and working properly?
o Closets organized and clutter-free?
o Medicine cabinet clean, “personal items” removed?
Utility Space
o Clean and well-organized?
o Clutter and excess “junk” removed?
o Remaining items stored/stacked neatly?
o Everything thoroughly vacuumed/dusted?
IS YOUR HOME READY?
Umatilla County Board of Realtors
Marsha Morgan
2016-2017 President