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Old 07-18-2015, 05:45 AM
 
Location: DFW
40,951 posts, read 49,189,517 times
Reputation: 55008

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OP if the leak was fixed and no longer a problem, what's the problem?
All roofs eventually leak and if repaired there is no need to disclose.
Could it have been 5 years earlier and all been well since ?

And yes, the buyer and their agent is who selects the Inspector and pays his cost.
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Old 07-18-2015, 05:57 AM
 
5,046 posts, read 9,622,618 times
Reputation: 4181
Have you checked your seller disclosure laws in your state? Different states have different requirements about when/if/what a seller needs to disclose.
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Old 07-18-2015, 07:36 AM
 
1,399 posts, read 1,799,822 times
Reputation: 3256
Quote:
Originally Posted by Rakin View Post
OP if the leak was fixed and no longer a problem, what's the problem?
All roofs eventually leak and if repaired there is no need to disclose.
Could it have been 5 years earlier and all been well since ?

And yes, the buyer and their agent is who selects the Inspector and pays his cost.
Not to be a pain, but the OP was talking about a shower and floor, not a leaking roof.....just a heads up to help you out.
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Old 07-18-2015, 08:39 AM
 
Location: Southwestern, USA, now.
21,020 posts, read 19,383,279 times
Reputation: 23666
The seller lied...was prepared to give this pain in the neck to another.
(I hate that in people, btw.)
Slap their wrist by getting your insp fee back.
I like the petition from your agent idea.
I hope it would never reach small claims.

If you do nothing and blow it off, as if it was just a fine thing to do to another...
she'll do it again and again...I think you said 'she'.
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Old 07-18-2015, 02:14 PM
 
Location: Austin
7,244 posts, read 21,811,238 times
Reputation: 10015
A disclosure notice is about what is wrong with the house. If there was a leak and the seller fixed it, there is nothing to disclose. If there is a leak and the seller didn't fix it and knew about it, he needs to disclose.

Sellers don't need to disclose everything that has ever gone wrong in the house. They are supposed to disclose their current knowledge of the house in it's current condition. You can't blame a seller for fixing a leak and then not knowing it was leaking again. He might have thought he fixed the issue so there would be a non-issue for him.
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