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who pays??


Jerry Lozier
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Good point (earlier post) about always inspecting attic before going on roof, so here's my question:

Never had the experience of stepping through or falling through a roof with rotted sheathing or possible just a big hole hidden/ covered by asphalt shingles (though have had a couple near misses.)

Is there any circumstances where it is not the inspectors fault and his responsibility to fix? I would be heap big pissed to twist a knee or worse and then have to fix somebodys rotted roof because I caused it damage...hmmmm?

inquiring minds need to know... anybody had experience with this

Jerry

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Good point (earlier post) about always inspecting attic before going on roof, so here's my question:

Never had the experience of stepping through or falling through a roof with rotted sheathing or possible just a big hole hidden/ covered by asphalt shingles (though have had a couple near misses.)

Is there any circumstances where it is not the inspectors fault and his responsibility to fix? I would be heap big pissed to twist a knee or worse and then have to fix somebodys rotted roof because I caused it damage...hmmmm?

inquiring minds need to know... anybody had experience with this

Jerry

I've never done the attic first and don't intend to start. By going on the roof first, I know where to look for leaks and distorted areas in the attic. The other way around doesn't yield the same result and often means that I have to make a second trip into the attic. It makes no sense to me. I've been on hundreds of roofs with missing & decayed spots of sheathing where I've discovered the damage from above. If you walk carefully and pay attention to your surroundings, the risk of falling through a roof is very, very slight.

- Jim Katen, Oregon

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Roof first, attic last. Never crashed through.

If I had crashed through, I would not pay and am pretty sure (check with atty and buy/sell agreement) I would not have to pay. I have one kid that is pretty good atty and he would love to increase his father's estate.

The real serious issue is that most inspectors do not realize, or know, their status when on the premises; their rights, obligations, duty, etc. For instance - Walter J walks on a roof, crumbles several asphalt shingles, bends the drip edge, his massive weight cracks the roof decking (causing a leak), and then pronounces the roof as defective. Who pays?

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Roof first, attic last. Never crashed through.

If I had crashed through, I would not pay and am pretty sure (check with atty and buy/sell agreement) I would not have to pay. I have one kid that is pretty good atty and he would love to increase his father's estate.

The real serious issue is that most inspectors do not realize, or know, their status when on the premises; their rights, obligations, duty, etc. For instance - Walter J walks on a roof, (Chance of this happening: Zero) crumbles several asphalt shingles, bends the drip edge, his massive weight cracks the roof decking (causing a leak), and then pronounces the roof as defective. Who pays? (Nobody, except maybe the poor soul who has to battle my superhero lawyer in this parallel universe. -- WJ)

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What Jim said, almost to the letter. While I'm up there I start making mental notes of where to look in the attic. Most times you can see if there's anything to avoid.

Had a client follow me up once, he said he was familiar with the business end of a hammer so I said "sure if your comfortable". While we're up there he passes me when I stop several feet back from the rake edge with a good 3 story drop and proceeds to walk right up to the edge even as I'm yellin at him to stop. He turns around with a smirk like, I showed him... When we got in the attic I pointed to the badly rotted out sheathing a foot from where he was standing and explained that had it given, he would have fallen forward not back. He said, remind me to listen to you from now on...

Can't say I've never stopped in my tracks with arms raised to my side like a high wire walker trying hard to mentally make my self fifty pounds lighter but I've never even come close to falling through. So far as some fool telling me I'm paying for it when I do, he'll be picking his teeth from the lawn as I'm pulling out the driveway.

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I inspect the roof first from the ground, attic when I get in the home, and then access the roof at the end of the inspection. I've also seen damaged roofing boards, damaged trusses, etc. and when you see any of these, you are relieved that you saw it first before you stepped on it and possibly injured yourself or further damaged the roof.

As far as liability, I would say its the seller's liability if an inspector gets hurt walking a roof, assuming he didn't do anything stupid. If an inspector puts his foot through a previously unknown hole/imperfection, I would think it falls under the seller's responsibility.

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