Question: We bought a home in November. The previous owners put a new roof over the garage and then had a deck installed. The deck is causing the roof to leak.

The roof has a five-year warranty. The roofer said he told the owners a deck over the roof was a bad idea and could cause problems, but this was not disclosed to us.

We have contacted a lawyer who said to get a bid on fixing the situation, which we are doing. The seller's broker said the previous owner has moved out of town and she does not have an address. Do we have any rights in this matter or are we going to eat the deck, the roof, and the few other problems we've encountered with this house?

Answer: Among other matters, your attorney will surely want to review any seller disclosure statement that was provided to you. The seller's new address may be available from the settlement provider or the Postal Service -- check with your postmaster for a forwarding address.

What license is needed in your community to be a roofer? Does the construction of a deck above a roof require a building permit? If yes, was a permit issued? Did the local government inspect and pass the work?

Homesellers are not eternally responsible for the condition of a house -- and no house is perfect. The day after a house is sold something can go wrong and the sellers will have no responsibility. Think of a water heater that fails.

That said, here are two general ideas concerning condition:

First, material defects of which the sellers are aware should be disclosed.

Second, buyers should not rely on sellers. The most honest seller in the world may not know about a problem.

As a buyer you want to protect yourself and make your purchase subject to a home inspection satisfactory to you; an inspection performed by a qualified, independent expert you hire.

Published: November 29, 2007

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