Roof inspection in the rain
Q: When we bought our house, the sellers said there were no roof problems. We hired a home inspector, and his report stated that the roof had been inspected from the ground, by means of binoculars, due to rain.
But the flat portion of the roof leaked after we moved in, and that part of the roof could not have been seen with binoculars. Three roofing contractors have told us that the flat roof was improperly installed and showed evidence of repeated patching.
The estimates for reroofing range from $2,100 to $2,700, and the home inspector is only willing to refund his inspection fee of $500. He claims not to responsible because rainy weather prevented a full roof inspection. I asked why he didn't come back to inspect the roof on a dry day. He said his company charges an additional fee to come back.
What is your view of the home inspector's response and the sellers' lack of disclosure?
A: The seller and home inspector both appear liable: the sellers for not disclosing the history of roof leakage and patching; and the inspector, for not having advised further inspection of the roof prior to close of escrow.
If the sellers owned the home for a year or more, they must have seen a few rains and should have known that the flat roof leaked. It is possible, however, that they believed the roof patching to have been successful, requiring no further disclosure. You should contact them to see if they would be willing to share the repair costs.
The response of the home inspector is neither reasonable nor professionally responsible. When a home is inspected on a rainy day, it is understandable that a home inspector would avoid walking on a slippery roof surface. However, it is often possible to inspect a roof from the top of a ladder, rather than from the ground. A ladder enables a much more accurate evaluation of the roof's condition, especially with a flat roof that cannot possibly be seen from the ground, with or without binoculars. By placing a ladder at the edge of the flat roof, the faulty installation and patching would have been apparent to your inspector and could have been reported before you bought the home.
In situations where the use of a ladder is not safe or practical, the inspection report should clearly state that the roof was not inspected due to rainy weather and that further evaluation before the close of escrow is recommended. If the inspection company charges an additional fee for a follow-up inspection, that should be specified in the inspector’s report. The condition of a roof is a serious consideration when purchasing a home. Offering an optional follow-up inspection enables a homebuyer to make a reasonable and educated choice.
The purpose of a home inspection is to provide buyers with as much essential information as possible. Inspectors should consider the interests of their clients and provide as much consumer protection as possible. In this regard, your home inspector was clearly negligent.
• Distributed by Action Coast Publishing. Questions to Barry Stone can be emailed to barry@housedetective.com.