I am selling a home and the buyers had an independant inspection. They found a patio needs re roofed among other things and I don't want the expense of replacing the roof they already have sucked me dry on the offer. Can I refuse all repairs or am I stuck with the roof job since I stated I knew of no water leaks in my condition disclosure?

Depending on the purchaser's financing the roof might need to be replaced or repaired (as I recall FHA has an anticipated minimum life requirement as judged by the appraiser, not sure how that would play against what the home inspector might say). If you are at the end of what you are willing to negotiate you can refuse to have it done but will risk losing the sale. I've seen some pretty bad roofs that were still leak free but that could change with the next rain.

Who performed the inspection??

Are they credible?? What is there experience level and are they ASHI and CABO certitified and do they have insurance?

Just make sure it's not bubba down the street or a failed real estate agent who know inspects homes.

Many people are no longer doing the conventional loans as they can't get the 80/20 loans to avoid the mortgage insurance. So most are going FHA so they only have to put 3 percent down in most cases(if there credit is real bad they have to put down more) Va loan veterans love as it's on of the few 100 percent loans out there still left. So almost everything you see now is fha or va loans. About 2 out of 10 closings I am seeing are conventional.

The downside is fha and va will both want items corrected which the appraiser will note need to be repaired before they fund out to close the loan.

How extensive is the patio work?? Is it just the shingles that need replacing or the shingles,tar paper,and sub boards. If you have 1 layer of shingles you can just go over top with another layer but most advise not to put more than 3 layers on as it will cause roof sagging from excess weight.

If it's just a patio the cost should be minimal.If it's not a condition of the loan see if you can give the buyers a credit in replacement of repairs.Repairs by the seller are generally not a good idea as the buyers feel you will take shortcuts and do the cheapest thing possible plus they have you to blame later on because you picked the contractor or did the work yourself etc.By giving the credit they choose who does the repairs and your hands are washed of it with anything happening falling back on them. Good luck-no legal advice.

I wasn't clear if there are two items for repair or just one. Here, a "Patio" is just an open courtyard, open to the air without a roof; which would not be part of the structure.

Characteristics of a Building that will prevent it from being financed are usually identified by the "Appraiser" who has been educated as to what the requirements are of each loan program. Seldom is an Inspector able to speak authoritatively on these matters.

If it was determined that the entire roof of the house is in need of repair, even though "it does not leak" that is a judgement call and, for me, indicates that the Buyer just wants to nix the Contract. Around here, the Building Inspection is often used a just another means of continuing the negotiations in a manner that can only result in the net price being reduced further.

If you don't have the resources to make any improvements anyway, then I'd just call their bluff, and tell them it is being sold as it is . . . . the way they saw it. If they have decided that they now don't want it, that's their call. You'll just have to wait for another Buyer who doesn't find such fault with these "problems" to make them a "Deal Breaker".

As an aside, when corrective measures have to be taken in a "rush" to complete some changes just to satisfy the requirements of an inspection, a premium price is usually levied, and for the absolute minimum definition of the job.

In this respect, I agree with Super, and even if you have the resources to toss them a bone, I would avoid having the work done myself. Instead, I would offer them a "small" credit payable at closing, for them to use in making the alterations using a Contractor of their own choice.

I don't think that the Lender's Appraiser has even been out to your Property yet.

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Thanks for all your input. Vermont 007 the other items I mentioned were things like straps on the waterheater,gfci outlets in wet areas things like that which are current building codes. The house was built in 1950 so I assume I can sell it as is without them updates am I right? When I posted this topic the fha appraiser had appraised the house and told me over the phone that he saw no problems on the fha side, he must have not looked on the patio roof because the shingles are sliding down some and he should have noticed them.A side note I had not been on the roof so I did not know of the problem when I signed the disclosure saying I knew of no leaks. I only found out from the independant inspector.

The appraiser may not have a problem with the roof over the patio as it is not part of the living space. The home inspector may well still see it as a repair need. If the property is habitable I doubt they can require upgrading to current codes for transfer of title. If an owner decides to do major remodelling then the need to bring it up to code may kick in.

Thanks Mr. Foreclosure, I was kind of wondering that since it is not part of the living space the roof was not as important to the appraiser.

"straps on the waterheater,gfci outlets"

These are things the homeowner could do themselves.Straping down the water heater and replacing the few outlets to gfci would be about 50 bucks in costs. Now if you have someone do it they will gouge you on labor costs and it will be much more.

The other issues with the roof shouldn't be more than 500 to 1,000.

So to to me it looks like about 1,000 bucks in costs for MINOR things. In this case I would just give a credit and let it ride to get it closed. Since there is no issue with the loan the buyer can get it fixed later by a contractor or do it themselves either way you are not responsible.Now on the disclosure as-is you wouldn't be liable BUT now that the problems have been brought to your attention from a home inspection you would have to report them to potential future buyers if this deal fell apart.

Of course I am not there so I can't accurately assess repairs.

If they want some crazy amount of money like 5 or 10k reduction I would just terminate the contract.

In an old house usually by city and county code old buildings are grandfathered in UNTIL you start addding additions or chang it's use to say commercial etc. then everything has to be brought up to current code.

no legal advice