Can I get any recourse for a roof problem my inspector missed?

Gosh, Sabrina. I feel for you. This is not a simple situation. You need to get an attorney's input for this as it may involve litigation. The inspector might have made an error - have you talked to them? Ask them to clarify what they reported and get a second opinion (and on roofs, maybe 3? Roofers often get paid commission on upsells so they're motivated to make the price tag larger). Your agent may not have informed you correctly either but that is dependent on where that information came from - was it from the other agent/seller? This needs to be looked at with an attorney. Don't give up!

I wouldn't rush to sell the townhouse as-is before figuring out exactly who is responsible for the roof and what your potential options are. Because this involves a shared roof section, a prior owner's or neighbor's work, and statements made during the purchase, there are several separate issues to untangle. First, get the roof inspected by a qualified roofing contractor and document the source of the leak, the condition of the seam, and whether there is evidence that the neighbor's previous work caused the problem. Take photos and keep all invoices, inspection reports, repair estimates, and communications with the neighbor. I'd also go back through your original purchase documents. Look at the seller disclosures, inspection report, listing information, emails/texts with your agent, and anything stating that the roofs had been replaced together. If your agent specifically told you something that turned out to be untrue, that's worth discussing with a real estate attorney. Whether you have a claim depends on what was actually represented, what was known at the time, what the documents say, and the applicable Pennsylvania law and deadlines. The fact that there is no HOA doesn't necessarily mean you have no legal remedy regarding a shared structure. There may be recorded easements, maintenance agreements, party-wall provisions, or other language in the deed/title documents addressing responsibility for shared portions of the property. A Pennsylvania real estate attorney can review those documents and determine whether the neighbor can be required to participate in the repair. As for renting or selling, I'd solve the underlying issue before making that decision. A leaking roof can create additional damage and could become a much bigger expense. If you eventually decide to sell, you should also be very careful about disclosure—you generally don't want to simply sell it "as is" and assume that eliminates your disclosure obligations. I would start with three things: document the roof problem, review your purchase/title documents, and have a Pennsylvania attorney evaluate your potential claims and the neighbor's responsibility. Once you know your actual repair cost and legal position, you'll be in a much better position to decide whether repairing, renting, or selling makes the most financial sense. Juan Picos Real Estate Agent JohnHart Real Estate

What do the title documents say? Is the roof considered a common element? If not, then that's a problem because it means each owner is responsible for their own. If your section of the roof is old, it's probably not the neighbor's fault, and you may have to get a new roof or repair what's problematic.

I wouldn’t assume you have no recourse, but I also wouldn’t immediately assume the inspector is responsible. The first thing I would do is pull your inspection report and seller disclosures and determine whether there were any signs of the issue at the time you purchased. Then contact the inspector and ask them to come back out and look at the problem with you. Because you’re saying the leak may be connected to work the neighboring owner performed before you purchased, I’d also document everything now—photos, roofing opinions, estimates, prior permits if available, disclosures, inspection reports and any communication regarding the roof. Once you know what actually caused the failure, you’ll have a much better idea of whether this is an inspector issue, disclosure issue, neighboring-property issue, or simply something that wasn’t reasonably detectable during the inspection. If there is significant money involved, that’s when I would bring everything to a local real estate attorney rather than guessing about liability.

Your best recourse is probably not the inspector. It is most likely sitting in your recorded title documents, and almost nobody goes and pulls them. Alla above is right to point toward a party wall agreement. Let me tell you exactly where to find one and what to do if there is not one. A townhouse row with a shared roof section and no owners association was still built and subdivided by someone, and that someone usually recorded something: a declaration of covenants, reciprocal easements for the shared structure, or the party wall agreement Alla mentioned. Those run with the land, they bind your neighbor whether he likes it or not, and they typically spell out who pays for a shared roof and what happens when one owner will not cooperate. Pull the full recorded package from the Buncombe County Register of Deeds, including anything referenced in your deed and in the original subdivision plat. If a shared maintenance covenant exists, your neighbor's cooperation stops being optional, and this stops being a negotiation. If nothing is recorded, North Carolina common law still generally recognizes obligations around a common structure that two owners depend on. A demand letter from a North Carolina real estate attorney citing that costs a few hundred dollars and tends to move a neighbor far more than another year of asking politely. Now the inspector, honestly. Before you spend anything chasing him, read your pre-inspection agreement. Most home inspection contracts in North Carolina contain a limitation of liability clause, and many cap damages at the inspection fee itself. That is the first document to read, not the last. Separately, the North Carolina Home Inspector Licensure Board takes complaints. That path does not put money in your pocket, but it creates a record, and a licensee facing a board complaint sometimes becomes interested in settling. Also be aware that North Carolina generally applies a three year limitations period to negligence claims, so this is not something to sit on. Ask an attorney what date actually applies to you. Your agent may be the stronger claim, and I say that as someone in the business. "All the neighbors got new roofs together" is a statement of fact, not an opinion, and if it was untrue and you relied on it when you bought, that is a materially different claim than a missed tar seam. If you have that in an email or a text, save it now. The North Carolina Real Estate Commission takes complaints against licensees, and again, that is a record more than a check, but records matter. One move you can make this week regardless: file a claim with your own insurer. If the leak traces to work the neighbor did, your carrier may pay to fix it and then subrogate against him. That gets your roof repaired now, gets you back to renting, and puts a company with its own attorneys on your side of the argument instead of you carrying it alone. On selling it as is, you can, but do it with your eyes open. North Carolina uses the Residential Property and Owners' Association Disclosure Statement, and you are allowed to answer No Representation on most items. What you cannot do is make an affirmative statement you know to be false. And practically, an active leak with an uncooperative neighbor gets discovered in the buyer's inspection anyway, then priced in a second time on top of whatever discount an as-is listing already carries. You would likely take the hit twice. Here is the order I would run it: recorded documents first, insurance claim second, attorney demand letter third, and only then decide whether you are selling. Two of those three cost you almost nothing, and the first one might end this entirely. I am a real estate professional, not an attorney, so treat the legal pieces here as a map of where to look rather than advice about your specific facts. I work in Los Angeles and the South Bay, so I am not your local market. If it would help to have a strong Asheville agent look at what this actually does to your value, reach out to me, Zoltan Peresztegi, and I will connect you with someone good there. Zoltan

Sabrina, I am sorry, that is a rotten position to be in. The thing worth knowing is that your options probably do not run through your neighbor at all, which may be why it feels so stuck. A Pennsylvania real estate attorney is the right first call. They can read your inspection agreement, because those usually limit what the inspector is on the hook for, and they can look at what you were told about the neighbors all replacing their roofs and whether any of that exists in writing. Just as important, ask them to pull your deed and any party wall or shared maintenance language. No HOA does not always mean no rules about that shared section. Selling as is stays possible, but you would be disclosing an active leak, and buyers price that in. Get the legal read before you decide. My license is in California, so lean on local Reading professionals for the specifics. Alla Novytska, Realtor®, JohnHart Real Estate, DRE #02254775

Sabrina, you may have some recourse, but it depends on what was reasonably visible during the inspection and what was represented or disclosed when you purchased. Pennsylvania also has a short deadline for claims arising from a home inspection report, so I’d have a real estate attorney review the inspection report, disclosures and purchase documents before deciding whether to repair or sell as-is.

Sabrina, speaking with a real estate attorney will shed some light on this for you. Keith Jean-Pierre Managing Principal The Dapper Agents Real Estate Operations in ALL 50 States