Homebuyer advised on recourse after undisclosed attic leak

A homeowner who discovered a substantial attic leak two weeks ago was advised on possible steps to address repair costs and potential legal action.

The buyer, who purchased the property six months earlier and had a survey completed with no problems reported, learned that the previous owner may have performed a quick patch job before selling.

Lawlink counsel recommended first checking the home insurance policy, as it may cover some damage, and to notify the insurer promptly while taking reasonable steps to prevent further harm.

If insurance does not fully cover the loss, the advice highlighted that, under Irish law, there is no duty on the vendor to disclose physical defects, but sellers must not mislead or conceal serious problems. A claim for misrepresentation could be considered if false statements were made.

The column also noted that a survey is intended to identify defects reasonably detectable, but does not guarantee the absence of hidden issues. If a competent surveyor should have identified the leak, a professional negligence claim might be possible, depending on the surveyor’s instructions and the inspection scope.

Homeowners are urged to obtain a qualified professional’s assessment of the leak, document the damage with photographs, retain receipts, and consult a solicitor for potential claims against the vendor, surveyor, or, in the case of a new build, a structural warranty provider.

Source: Limerick Post. Photo: Simon / Pexels.