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You have three issues.
1) The leak wasn't fixed so you would go after the sellers for failing to meet the terms of the contract.
2) You seem to have a disclosure problem. The seller was likely required to disclose that the contractor told them that the roof was shot and needed to be replaced. Out here, the seller would have been required to disclose that the contractor told him the roof was shot as that was now material. Not sure where you live, but it would have been required here.
3) I think you need to review your inspection report. Is that what you mean by due diligence report? I have no idea how all the roofers can say it is shot and then the inspector says 10+ years. That seems like a complaint needs to be made against the home inspector.
So you go after the sellers for failing to disclosure the contractors new disclosure and you go after the home inspector for gross negligence.
For disclosure in my area you have to list the age of the roof if known (best guess if not) and any current known issues (the leak for example). A contractor or inspector opinion about how long it will last or when it should be replaced would not be a material fact to disclose for us.
One realtor (dual agent representing both buyer and seller) who ALSO happened to have owned the home prior to the sellers and did the remodel in 2001 including the roof install.
Inspector on initial inspection July 2019 found (via conversation with sellers and drone pics) that there is a current leak (which WAS disclosed by sellers but they had stated it was to be repaired March 2019 and was not). He referred me to a licensed roofing contractor for more inspection. Since the sellers had disclosed it and agreed to repair it, their contractor was the "licensed contractor". On re inspection, again a drone pic of the roof only shows the flashing work done and the metal panels replaced where sellers had duct taped (yep!) the roof. That re inspection did not advise seeking the roofing contractor inspection.
The Repair request states "two roofing contractors did inspection" "10+ years life expectancy of roof possible".
I feel I had to rely on the expertise of everyone here. I had them come back out and in conversation I asked him why, if they now state it needed a new roof and couldn't really be repaired that wasn't conveyed to the sellers back in August 2019 when they did the work? He said "We did but they didn't want to spend the money since they were selling the house".
One realtor (dual agent representing both buyer and seller) who ALSO happened to have owned the home prior to the sellers and did the remodel in 2001 including the roof install.
Inspector on initial inspection July 2019 found (via conversation with sellers and drone pics) that there is a current leak (which WAS disclosed by sellers but they had stated it was to be repaired March 2019 and was not). He referred me to a licensed roofing contractor for more inspection. Since the sellers had disclosed it and agreed to repair it, their contractor was the "licensed contractor". On re inspection, again a drone pic of the roof only shows the flashing work done and the metal panels replaced where sellers had duct taped (yep!) the roof. That re inspection did not advise seeking the roofing contractor inspection.
The Repair request states "two roofing contractors did inspection" "10+ years life expectancy of roof possible".
I feel I had to rely on the expertise of everyone here. I had them come back out and in conversation I asked him why, if they now state it needed a new roof and couldn't really be repaired that wasn't conveyed to the sellers back in August 2019 when they did the work? He said "We did but they didn't want to spend the money since they were selling the house".
Inspectors work for the person paying them. If you mean the roofers repairing it told them, your quarrel is with YOUR original inspecfor. But that isn't much recourse. You MIGHT (and only might) get the inspection cost back.
One realtor (dual agent representing both buyer and seller) who ALSO happened to have owned the home prior to the sellers and did the remodel in 2001 including the roof install.
Inspector on initial inspection July 2019 found (via conversation with sellers and drone pics) that there is a current leak (which WAS disclosed by sellers but they had stated it was to be repaired March 2019 and was not). He referred me to a licensed roofing contractor for more inspection. Since the sellers had disclosed it and agreed to repair it, their contractor was the "licensed contractor". On re inspection, again a drone pic of the roof only shows the flashing work done and the metal panels replaced where sellers had duct taped (yep!) the roof. That re inspection did not advise seeking the roofing contractor inspection.
The Repair request states "two roofing contractors did inspection" "10+ years life expectancy of roof possible".
I feel I had to rely on the expertise of everyone here. I had them come back out and in conversation I asked him why, if they now state it needed a new roof and couldn't really be repaired that wasn't conveyed to the sellers back in August 2019 when they did the work? He said "We did but they didn't want to spend the money since they were selling the house".
Ouch.
Your first mistake.
And, you didn't hire your own roofer for inspection.
2nd mistake.
Ouch.
Your first mistake.
And, you didn't hire your own roofer for inspection.
2nd mistake.
Costly.
Agreed. Though I have to say, from the description of the leak it doesn't sound all that costly. It feels like we're potentially dealing with a few hundred dollar issue. A single discrete leak that only appears during hurricanes- doesn't seem worth the trouble of fighting for reimbursement. Paying for a bunch of extra inspections probably exceeds the cost of this repair.
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