We had a huge hail storm in Oklahoma last year two months before we bought our new house. My insurance company put a new roof on the house we sold. We moved into a new house a few miles away. The inspector said there was no roof damage. After moving in, we notice that everyone on our street is getting a new roof. After meeting the neighbors, we find out that the previous owner collected almost $12,000 from her insurance company for a new roof and did not disclose it. I found information that supported that on my C.L.U.E report. Too bad I didn’t know about that report earlier.
We went to mediation with the previous owner and unfortunately, there is a statute in Oklahoma that says she does not have to disclose damage she found out about after the contract was signed. She called her insurance company to open a claim on the day the contract was signed. Does that prove she knew there was damage?
We are in the middle of suing the inspector and it looks like there is a possibility he could get away with it if we cannot get one of the roofers to sign an affidavit that the damage was obvious and the inspector should have caught it. Three roofers inspected our roofs and no one is calling me back. It seems like they do not want to get involved in a law suit, which I understand.
I am so frustrated. We did the right thing by fixing our old roof on our previous house and our insurance isn’t going to fix another one. What do we do? We’ve already had a leak in our living room. The house isn’t even 2 years old. The cost to replace it is about $18,000. Help!
My dad is our attorney. He does not specialize in this sort of thing, so I’m not sure it’s getting the attention it needs.
Thanks everyone for your advice. The hail storm and tornadoes occurred on February 10, 2009. The contract was signed on March 3rd, inspection was done on March 23. We closed on April 2nd. She called in the claim to her insurance company on March 3rd and had received the check for almost $12,000 prior to closing. Her insurance company does not require the check be made payable to the mortgage company also.
We had three roofers inspect the roof at the beginning of May. All of them said the roof needed to be replaced along with new guttering and air conditioning coils. We also had a friend that is an insurance adjustor come out and he said the same thing. Wouldn’t that be obvious to the inspector? The inspector wrote in the report that he walked the report. I even questioned him after he told us the roof was fine and he said he saw no problems. It was our realtor’s inspector.
In Texas our disclosure laws are part of the consumer protection laws. So your situation would be as if a food canning company found out after they sold the product that a poison had seeped in. Of course they would need to recall the product and try and save lives.
Our sellers have to disclose everything they know about no matter what. I would double and triple check the data you have been told and see if it really is true- it does not sound right.
Also if they received money from the insurance company and did not do the repair and did not inform you of the problem that is probably not fraud but it may be something close to insurance fraud.
I doubt the inspector is your best bet of getting coverage. It is possible that immediately after the hail storm the damage was not easily apparent until a little more weather shook the loose gravel off the shingles.