Message edited 10/25/2011 11:25:37 AM.

Re: Roof issue coming up during engineers inspection

As a buyer I'd be too afraid of losing the house, especially in this market, to make it a big deal. There are no leaks right? It will just need to be replaced/reshingled soon?

Re: Roof issue coming up during engineers inspection

Actually he did find two very small leaks, one is not on the shingled part of the roof though (we have an extension with a flat roof). I know I'm obligated to provide a roof free of leaks so we will have to fix those two, not a big deal. I just don't know if they're going to want like a huge credit or something for the rest of it. I don't know what he's actually going to put in the report but he did say that it needed to be replaced/reshingled very soon, that a lot of the shingles are cracked, etc. So annoying because the last engineer that inspected it in July didn't find anything wrong with the roof at all . I'm thinking they might ask for a credit?

Re: Roof issue coming up during engineers inspection

As a buyer who faced the same issue on the house we are hopefully closing on this month, we made an offer that was fair for the house, taking into consideration that we would have to strip and reroof the house soon. My husband is a contractor so he'll do our roof for the coat of materials, but it wasn't a huge deal to us. We didn't even ask for a credit since the seller was willing to replace the electrical box without us even asking because it was a box that had shown problems in the past. We realized that we were getting a good deal on a house that has things that other houses in the neighborhood don't have, double garage and basement, so we were willing to accept things that we would need to do to get what we wanted in the neighborhood we wanted.

Re: Roof issue coming up during engineers inspection

Here's my take (and I'd share it with any of my buyer customers who were facing this situation): Everything in a house has a life cycle, and unless you are buying brand new construction, not everything is going to be new. Systems and items within a home age, and replacing them when they eventually wear out is just part of the normal maintenance that every homeowner must deal with.

A home inspection is great for information, but it's not an opportunity to re-negotiate price. If there are any DEFECTS, especially with something major (structural, plumbing, electrical), the seller should address them. But an old roof that is doing its job does not need to be addressed. The leaks, as you acknowledge, should be fixed. But you don't owe them a new roof or need to provide a credit for that. Especially because a roof is something that is visible to the buyers before they make an offer. They could see that the roof was older, just by looking, before they made an offer. And if they weren't sure, they could have asked about the age of the roof.

They should have factored in the fact that the roof is older when they made their offer, if it wasn't factored into the asking price. I mean, a house with a new roof, or updated windows, or a new boiler, would be worth more, but it doesn't mean that every buyer can EXPECT to get these things in a home that they buy!

Personally, when I bought my home in 2008, the inspector told us that the roof, while not leaking, was nearing the end of its life span. We accepted that and moved forward with the purchase, and didn't ask the sellers for anything (what would we even ask for?). The roof (while even older now) is still fine. It will probably need to be replaced in the near future, but we haven't had to do it yet!

Re: Roof issue coming up during engineers inspection

Thank you so much everyone. This makes me feel so much better. The contract should be sent to them early this week so hopefully we'll get this going soon. This will be the third time we're in contract and I'm just ready to be done with this!

Re: Roof issue coming up during engineers inspection

I was in the same position when I bought my house last year. The inspector found the roof was at the end of it's usable life. Did not find leaks in the roof that he could see, but the homeowner said there were no leaks. We did try asking for a credit. We were told no, that she felt the roof was fine and since there were no leaks, there was no issue. We agreed that we were getting a good deal, and since her obligation was only to provide a house free of leaks, that she was doing indeed.

We knew we were getting a great deal on our home and did not want to be sticklers about it. Realtor also told us the house was priced based on what was obvious, and that was that the roof was old (although not falling down, just an average older roof).

I would say if you fix the leaks, that's your only real obligation. However, you must be prepared they can walk away. How sure are you you can find another buyer for what they offered? If you are not so sure, then I wouldnt hardball.

Why not meet them halfway, if you feel you dont want to lose them? If you are ok with them walking away if they want to be sticklers about it (even if they are getting a great deal, people can be foolish and greedy), then dont budge and just fix the leaks. But be prepared to provide them with written proof of who fixed the leaks (dont have a handyman or neighbor or DH do it, get it done professionally and get it in writing such as a bill, etc).

JME anyway, only you can decide

Re: Roof issue coming up during engineers inspection

Re: Roof issue coming up during engineers inspection

Re: UPDATE - Roof issue coming up during engineers inspection

Bump for update.

Re: UPDATE - Roof issue coming up during engineers inspection

Carolyn, I saw your update. I think you did the right thing taking the hard line. I would see what they say.

Of course, just because you are right doesn't mean sticking to that position is in your best interest. If they are really good buyers and you are really motivated to sell, and if they are drawing a hard line, too, you may want to compromise to save the deal.

If you have a realtor, you may want to have him or her talk to the buyer's agent and see if the realtors can get the buyers to understand that typically, you don't get older items replaced in the home just because they are old and may not last much longer. Sometimes -- and no offense (I am an attorney, too, so I feel free to say this) -- the attorneys on a real estate deal can create more issues and problems than necessary. They haven't seen the house, and in some cases, the attorneys handling a closing are not familiar with real estate transactions and are overly aggressive.

I don't know what the situation is here, but I do know that the realtors usually have more at stake and want to salvage the deal. The buyer's agent also tends to know the buyer and how badly they want the house more than the lawyer does, so they might be better at getting through to them.

Good luck!

Re: UPDATE - Roof issue coming up during engineers inspection

Message edited 10/21/2011 3:27:00 PM.