Roof leaking water - new purchase

Discussion in 'Legal Issues' started by andy ngo, 1st Jul, 2020.

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  1. andy ngo

    andy ngo Well-Known Member

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    Hi Everyone

    We bought a property in South sydney a month ago.

    We have just found out the roof is leaking water in the kitchen and bathroom.

    We are confident the previous owner is aware of the issue because there is signs of old gyprock and new gyprock on the ceiling when we remove the paint, they have used gyprock and paint to cover the ceiling.

    When we open the kitchen bulkhead we could see that mould in the ceiling which demonstrate the leas has happened for a very long time

    When we climb on the roof, we could see there are many holes in there and previous owner has used silicone to fix it quickly

    Now we have to pay $25k to replace the whole roof. Are there anything that we can do to have compensation?

    Thank you
     
  2. Joynz

    Joynz Well-Known Member

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    Did you not get a building inspection before purchase?
     
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  3. andy ngo

    andy ngo Well-Known Member

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    hi Joynx we did but he didn't pick up the roof issue and also the previous owner has painted over the ceiling and bulk head cover other areas
     
  4. Joynz

    Joynz Well-Known Member

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    Was the issue obvious - e.g holes in roof or mould in ceiling?

    I would go back to the person who did the inspection.

    If it couldn’t have been seen by the inspector, then you will have to fix it yourself.

    But: get more than one opinion, because silicone might be all you need. Or a couple of roofing sheets replaced rather than the whole roof. Or even just a few patches.
     
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  5. Mark F

    Mark F Well-Known Member

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    What does the report say about the roof?

    I expect you have a pretty good claim against the building inspector's insurance.
     
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  6. andy ngo

    andy ngo Well-Known Member

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    hi @Mark F : I have attached the file

    below are the actual photos where the previous owner has put silicone that inspector haven't mentioned in the report:

    Video:
     

    Attached Files:

  7. turk

    turk Well-Known Member

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    The inspector has picked up the roof issues and pointed out that he could not inspect in the ceiling space.
     
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  8. andy ngo

    andy ngo Well-Known Member

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    yes but the are many silicone patches on the roof and i reckon he should have mentioned that in the report. those patches are tricky!
     
  9. Terry_w

    Terry_w Lawyer, Tax Adviser and Mortgage broker Business Plus Member

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    unlikely i would think
     
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  10. Joynz

    Joynz Well-Known Member

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    The problem isn’t the silicone - it’s that the roof is really old and rusty judging by the photos.

    This is clearly noted in the inspection report:
    E736B028-95A6-4892-A4CB-EC00FCE0BF57.png
    33B6B4F9-AD21-4FAE-8DDA-2ACE68D85235.png
     
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  11. wylie

    wylie Moderator Staff Member

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    Seems he made it fairly clear that the roof was due for replacement. It’s there in the report.
     
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  12. Scott No Mates

    Scott No Mates Well-Known Member

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    Did you actually read the report? Even the photos are a give away that the roof was near the end of it's life.

    This would also be pretty obvious from google maps/nearmaps too.

    Electrical fault? Ask @datto ;)
     
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  13. jared7825

    jared7825 Well-Known Member

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    Did you engage a roof plumber to inspect and advise also as recommended?

    It was noted in building report that there was water damage/wet rot to eave linings, deteriorated flashings, the roof condition had been clearly noted also, mention of silicon fixes makes no difference, there is nothing you can do about compensation, it’s pretty clear looking at the report that the roof is stuffed what did you expect?
     
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  14. Lindsay_W

    Lindsay_W Well-Known Member

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    Forget about the silicone, the report clearly mentions the roof is in need of repair, there's rot in the timber eaves :eek:
     
  15. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    And... None is tax deductible. The issue is whats referred to as an initial repair. Defects evident (or not evident!) at the time of acquisition are considred to have been reflected in the property cost. If the issue had been fixed by the vendor you would have paid a higher price. The cost to remedy will be eleigible for Div 43 write off and the cost will add to the costbase

    The legal concept is that of Caveat emptor.... let the buyer beware (roman) The buyer assumes all responsibility. No warranty applies and even if they knew and patched it up and hide the defect its just as much your 100% problem.

    This is why pest & building reports are obtained. Its you way of being knowledgeable about defects. And even then sometimes its not picked up. Unless the inspector was negligent (which the report doesnt indicate) you will be responsible.
     
  16. datto

    datto Well-Known Member

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    There's a fella in the Druitt who uses chewing gum to repair all manner of leaks. His roof is full of strawberry flavoured Hubba Bubba gum. He swears by it and reckons his bong has not leaked in years.
     
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  17. Paul@PFI

    [email protected] Tax Accounting + SMSF Business Plus Member

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    Too fancy. A bunnings blue tarp and a few bags of sand will last years longer . If you need colourbond just wait till council fence the park and have a late night family picnic in the park and obtain the 5 finger discount
     
  18. balwoges

    balwoges Well-Known Member

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    Blind freddy could see the roof has reached the end of its life ... just replace it, lesson learnt :rolleyes:
     
  19. Noobieboy

    Noobieboy Well-Known Member

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    I think everyone has already mentioned this but.... the report is clearly reading to me as saying roof is in bad condition and needs replacement.