Pre purchase inspection missed necessary roof replacement

I purchased a freestanding house as an investment property in July 2018 (NSW).

The house was built in 1983 and there were parts of the house that were definitely showing their age. Most of these were picked up in the pre-purchase building inspection carried out by a local experienced building inspector. The most relevant comment on his report is that 'apart from a small amount of damage from people walking on the roof, it appears to be in good condition'.

We've had a significant amount of rain in the past week and the tenants have reported multiple leaks throughout the house. We had the roof inspected by the plumber and he called saying there wasn't much point in repairing any part of the rood because the whole roof needs replacing. He also mentioned that he's been discussing replacing the roof with the previous owners for a few years now, so it's not like it's a new issue.

He also doesn't do roofing work so I'm confident that he's not just trying to drum up work.

I've got a roofing company coming to quote on replacing the roof, but wanted to know if I have any legal recourse against the building inspector given I've been given a rough estimate of $25,000+ to replace the roof. Knowing that the entire roof needed replacing would have DEFINITELY changed my decision regarding purchasing the house.

Do I have any legal recourse against a building inspector who missed an obvious and significant problem with a house? Or do I just have to eat this? It seems strange that I can pay a professional for their advice and then not have any legal recourse when their advice is incorrect, but I don't know about these things.

Thanks in advance for any advice. This is my first investment property and so appreciate your expertise.


Leigh

 

Possible negligence

 

Check the building inspection contract for starters. The ones I've seen in NSW have a clause which limits the liability to the price paid for the inspection.

Always worth getting a second opinion too, perhaps a full replacement isn't necessary?

 

But that doesn't mean such a clause is valid or enforceable. You are paying for them to look for problems, not problems under $200 in value.

 

That's what I was hoping, as well.

There was no building inspection contract signed prior to the inspection being carried out. I just called the guy, arranged a time, and he came out.

I checked the report submitted and there's a 'Disclaimer of liability' but it only relates to areas that the inspector was physically unable to inspect. Given there's a photo of the roof and a comment about it, that definitely wasn't the case.

There's also a section about a consumer complaints procedure (notification in writing, 28 day inspection period, etc...) that looks like it's applicable so I'll probably follow the process there. I'm just curious if there are limitations on what I can ask for and if anyone has been through this process before.

 

The plumber does plumbing - not roofing.
Get a roofer to get up there and check.

When i looking for a relative, we did a building inspection, building inspector said there was an issue with the roof and part of needed to be replaced.

Got the roofer to go out, he said you can fix it, but you don't actually need to. Just keep the gutter clear and you'll be fine. 6 years on, its still good.

 

This will probably prevent a claim for negligence.

They did report some roof damage, and qualified the condition of the roof by using the word “appears”.
Marg

 

What exactly is the reason the roof needs replacing rather than repair?

Is it leaking because an old rusted roof with visible rust and holes? 1983 isn’t that old for a roof.

Or is no rust/holes visible?

 

Maybe get a few quotes to fix (not replace) the roof then you know what you are dealing with?

 

Did he identify roof leaks when he inspected the roofspace?

 

Unless there has been some sort of infestation or it was poorly build, a house built in 1983 should not be needing its roof completely replaced ,especially for tiled roofs, but would be overdue to have all the broken tiles replaced , ridge capping re-pointed , a clean up , and a fresh coat of paint
Have the gutters and downpipes been checked for blockages, in heavy storms ,having one downpipe partially blocked will cause lots of water to back up and then overflow back into the house , and the older style gutters were notorious for letting water to flow back into the roof void, especially during very heavy storms.

 

Sorry to hijack the thread, but may I ask which tradesman it is that checks gutters and downpipes? (My own roof needs attention!)

 

Thank you!

 

My experience is you are better off working top down with a roofing / guttering contractor....

 

In NSW they’re called a Roof Plumber. Installs, maintains and repairs flashings, metallic roof and wall claddings and rainwater products such as gutters and downpipes. Registration or licensing is required.