Insurance adjusters - HELP!

[sookie]

Hi,
we just moved into a new home. The home is great.
Between inspections and close (just a few weeks) a bad hail storm went through the area. We contacted our realtor immediately when it happened. She contacted the listing realtor and they told me that everything was fine - they received no damage.
Since we have moved in in July - everyone around us has had their roof replaced.
I'm so scared. I'm going to get someone out to look at the house. Maybe it will be OK - maybe it won't.
But my insurance policy was not in effect at the time the storm came (because we had no closed yet). I'm worried they won't cover.
Will the sellers old insurance policy cover? Or am I out of luck????

 

[richmond282]

I'm no expert, but I'm quite sure your insurance won't cover damage. Seems like an inspection should have been done before closing to determine if there was damage or not. I doubt the sellers or their insurance company will deal with it after the fact, but I could be wrong.

 

[sookie]

I'm no expert, but I'm quite sure your insurance won't cover damage. Seems like an inspection should have been done before closing to determine if there was damage or not. I doubt the sellers or their insurance company will deal with it after the fact, but I could be wrong.

yeah - the hail storm happened after the inspection, but before closed. i contact the sellers through the realtors and got the message that "all was ok" and that there was no damage.
now i see this.

i think that if my insurance won't cover the damage but theirs will (they were the original owners of the home - and there have been NO hail storms or even rain here since that storm!) - maybe I could work with the sellers to see if we can file on the policy that was in place during the storm but we could pay the deductable.

 

[Lisa loves Pooh]

I'm no expert, but I'm quite sure your insurance won't cover damage. Seems like an inspection should have been done before closing to determine if there was damage or not. I doubt the sellers or their insurance company will deal with it after the fact, but I could be wrong.

I think so as well.

I probably would have (in retrospect) insisted on a 3rd party inspection just to be sure.

But I do wonder--how much the realtor/prior owners are liable for claiming no damage, if there was damage.


Also, OP--just because everyone around you is getting new roofs, doesn't necessarily mean that you will.

We had 2 hurricanes in 2004. I think we were the only ones in our neighborhood to not lose a shingle.

 

[sookie]

I think so as well.

I probably would have (in retrospect) insisted on a 3rd party inspection just to be sure.

But I do wonder--how much the realtor/prior owners are liable for claiming no damage, if there was damage.


Also, OP--just because everyone around you is getting new roofs, doesn't necessarily mean that you will.

We had 2 hurricanes in 2004. I think we were the only ones in our neighborhood to not lose a shingle.

I hope so!!! Yeah, I wish I had known and I wish I hadn't been so trusting. I'm so worried. My husband climbed up there today and didn't see anything hugely concerning but he is no roof expert.
Maybe I will luck out... will find out tomorrow... but what to do afterwards - that is what I am worried about.

 

[akcire]

Did you use a lawyer for your real estate closing? If so, I would contact his/her office.

 

[sookie]

Did you use a lawyer for your real estate closing? If so, I would contact his/her office.

There was a lawyer but I think they just research the title / land claims.

 

[akcire]

There was a lawyer but I think they just research the title / land claims.

If you hired and paid a lawyer in a real estate deal they are there to negociate and protect your interests. If you did this, then I would contact them directly.

If you relied up on staff lawyer of the title company than you are correct, they look out for the interest of the title insurance company and verify the proper ownership of the land. The lawyer for the title insurance company, is only concerned with the interests of the title company.

Any time you purchase a property,in future, you will want to have a lawyer represent your interests. Real estate agents are sales people. Real estate lawyers only job is to protect their clients interests.

 

[GaSleepingBeautyFan]

We had several bad hail storms in the summer of 2010.

Quite a few of our neighbors had their roofs replaced and their insurance paid for it.

We had ours inspected for damage and was told there was none and insurance wouldn't pay for it.

Paid for a seperate inspection ourselves - was told there was so little damage it wasn't worth replacing the roof.

Totally weird if you ask me since one of the neighbors who had their roof replaced and paid for lives right next door to us. So I know they had the exact same hail storms as we did. I guess they had a better more lenient insurance company.

It could turn out ok but maybe you'll want to pay for your own roof inspection just to be sure.

 

[sookie]

If you hired and paid a lawyer in a real estate deal they are there to negociate and protect your interests. If you did this, then I would contact them directly.

If you relied up on staff lawyer of the title company than you are correct, they look out for the interest of the title insurance company and verify the proper ownership of the land. The lawyer for the title insurance company, is only concerned with the interests of the title company.

Any time you purchase a property,in future, you will want to have a lawyer represent your interests. Real estate agents are sales people. Real estate lawyers only job is to protect their clients interests.

Hi! Yeah, I'm kicking myself - I think we had the later, not the former!! Didn't really realize that.

We had several bad hail storms in the summer of 2010.

Quite a few of our neighbors had their roofs replaced and their insurance paid for it.

We had ours inspected for damage and was told there was none and insurance wouldn't pay for it.

Paid for a seperate inspection ourselves - was told there was so little damage it wasn't worth replacing the roof.

Totally weird if you ask me since one of the neighbors who had their roof replaced and paid for lives right next door to us. So I know they had the exact same hail storms as we did. I guess they had a better more lenient insurance company.

It could turn out ok but maybe you'll want to pay for your own roof inspection just to be sure.

I totally hope that we are in this situation. Maybe I will luck out. Thanks for the shred of hope!

 

[dawson5]

It wasn't a repossession right? I would think the previous owners had home insurance and it would cover the damage prior to your taking legal possession of the home. I would call your insurance agent and see how to go about it, but after it is inspected. You might be alright.

Also, dig out your loan papers and all the papers from your realtor to see if there is some kind of clause or term in there that covers this.

Realtor giving reassurance is nothing, they want to sell the house and don't want anything to hold it up. In retrospect, you should have asked for a letter from a roofing contractor stating that there were no issues. I would guess your realtor called the listing realtor who asked the homeowners if there was any damage. They probably looked (from the ground level) and said "nope, no damage" and left it at that, thinking no leaks, no damage.

 

[sookie]

It wasn't a repossession right? I would think the previous owners had home insurance and it would cover the damage prior to your taking legal possession of the home. I would call your insurance agent and see how to go about it, but after it is inspected. You might be alright.

Also, dig out your loan papers and all the papers from your realtor to see if there is some kind of clause or term in there that covers this.

Realtor giving reassurance is nothing, they want to sell the house and don't want anything to hold it up. In retrospect, you should have asked for a letter from a roofing contractor stating that there were no issues. I would guess your realtor called the listing realtor who asked the homeowners if there was any damage. They probably looked (from the ground level) and said "nope, no damage" and left it at that, thinking no leaks, no damage.

Hi Dawson! No it is not a repossession. I'm pretty sure they had insurance (I think that all has to be shown during the close?) and I think that exactly what you speculate may have happened - their realtor probably called them, asked, and they probably said nope, no damage! And unless they had someone out to look - which, with moving out they might not have even had time - they probably didn't have someone come out and check it. They were selling and just ready to get out.
I don't think its a malicious thing. More of a "didn't know" thing. On both sides.
Like I said we can't really tell either and my husband even got up there and can't tell of any horrendous damage.
But I wish I had gotten a letter, a lawyer, something!
The only thing that might save me - if it comes down to it - is that we have had NO rain here since that storm. None. It's been horrendously dry. So - it really wasn't possible for damage to occur since the close.
I think that we would tell our insurance company and let them know and have them come out and look at it too if the survey tomorrow shows anything. Maybe they would help coordinate with the old insurance company that was holding the policy on the house at that time. I'd probably pay for a lawyer too to contact the old realtors / sellers and see if they would be willing to file with the insurance (heck, I'd even pay the deductable to get it taken care of if it is something serious!).



It just seems like an odd situation to have, but I am sure it has happened before. It is just NOT a good situation to be in.

 

[dawson5]

I went googling and came up with this:

http://www.thinkglink.com/2009/01/19/whos-responsible-for-damage-between-inspection-and-closing/

seems like decent information but 10 yrs old. Things change. Do you have roofers still in the neighborhood? Ask one for an inspection. They should do it for free. We were hit by hail about three years ago, we had two or three inspections by roofing companies that hit our neighborhood. You get a feel for who knows their stuff and who is just trying to make a buck.

 

[sookie]

I went googling and came up with this:

http://www.thinkglink.com/2009/01/19/whos-responsible-for-damage-between-inspection-and-closing/

seems like decent information but 10 yrs old. Things change. Do you have roofers still in the neighborhood? Ask one for an inspection. They should do it for free. We were hit by hail about three years ago, we had two or three inspections by roofing companies that hit our neighborhood. You get a feel for who knows their stuff and who is just trying to make a buck.

This is great information. Thanks!
yeah - we do. i went over and talked to a little old lady who actually really seemed to know her stuff.
she gave me a couple of names. i plan on getting several quotes.

 

[dawson5]

You should be alright. Only snag I can see, like what is in the link, where the original owners decline to file with their insurance. I would wonder why they wouldn't. It should be an act of God and shouldn't effect their rates. Only reason to say no (that I can think of) is that they filed a claim already and kept the money. Either way, they should be responsible (IMHO). They wouldn't be allowed to pull out the sinks or chandeliers without recourse, seems like if the roof is damaged while still in their possession, they are still responsible.

Sounds like a lot of leg work though. I would start with your insurance and see how to go about it or your realtor. If they drag their feet, contact a lawyer. If it's anything like ours, it will be worth your while to get it covered one way or another. I think ours was $18,000 to be done (complete tear-off and multiple slopes). Good luck.

ETA: Get them to look at your windows and siding also. Ours had damages also.

 

[robinb]

You only need a couple of quotes. *If* there is a problem, I think that the seller may be held liable for the damage since you asked them if there was something wrong and they said "no".