Duped first home buyer

[imaleftie]

We've discovered two leaks in our ceiling 6 months after the house purchase. It's obvious looking closer at the area that this was a known issue as they've patched the wall, but this wasn't found during the property inspection. There's also another unrelated leak. Both of these are attributed to an old faulty roof.

We've had an independent roofer who has seen the work to 'fix' the leaky roof which was shoddy bad workmanship eg new flashing that has an incorrect length/doesnt clear industry requirement 18mm, temporary glued up tile. We even found a bucket full of water directly below a leak. Roofer suggests that the whole roof needed to be replaced as there are holes in tiles and that it needed a wider gutter as roof is so steep.

I've found numerous sources (settled.govt.bz, real estate authority, etc) that state the vendor needs to disclose any significant issues, especially weather tightness. But the standard Auckland sale and purchase agreement template doesn't have any warranty clause that the vendor has disclosed such details. Disappointingly our building inspector did not pick up anything (he wouldve also seen the bucket and water markets on the beam in the room)

Is there a legal requirement to disclose such defects? Where would this requirement be found, i.e. what law? Would I try to go after all three (seller, REA and also building inspector).


Thanks!

[donna]

Yeah have you been to REAA site. RE agent must ask the question and tick a box and vendor initials next to it - that they know of no defects like water tightness.

see link below

cheers
Donna