Seller’s Liability

A cracking or popping roof can lead to serious noise disturbance and legal problems when buying or selling a property. Many buyers discover only after completion that the roof produces loud bangs, clicks or cracking noises when exposed to heat, cold or changing humidity levels.nnWhether a buyer can successfully hold the seller liable depends on various factors. These include the normal use of the property, the seller’s duty to disclose, the buyer’s duty to inspect and any special contractual clauses that may apply.

Normal use of the property

A home must be suitable for normal use. Serious noise disturbance from a roof structure can substantially impair your enjoyment of the property and prevent normal use of your home. Whether there is non-conformity depends, among other factors, on the severity of the complaints, the cause of the problem, and the expectations a buyer could reasonably have.

Sound measurement and technical investigation

When your roof is cracking and popping, technical investigation is often necessary. An expert can examine what’s causing the noises and whether there are installation errors, structural issues, or defective materials involved. A noise measurement can also help document the severity of the problem objectively.

Seller's duty to inform

The seller has a duty to disclose known defects to the buyer. If the seller was aware that the roof regularly produced popping or cracking noises, this must be disclosed beforehand. The property disclosure form is important in fulfilling this obligation.

Buyer's duty to inspect

The seller’s duty to disclose is balanced by the buyer’s duty to investigate. When there are indications of roof problems, a buyer can be expected to commission further inspections. However, hidden defects that could not reasonably have been discovered may still be the seller’s responsibility.

Age limitation clause and liability

For older properties, the purchase agreement often includes an age clause. This does not automatically mean the seller is no longer liable. Even with an age clause, liability can exist where, for example, there are serious latent defects or where known problems have been concealed.

Legal assessment of a latent defect in the roof

When a property has cracking or popping roof panels, it is important to obtain legal and technical advice promptly. Building reports, noise measurements and correspondence with the seller can be decisive in establishing liability.nnA legal investigation can clarify whether there is a hidden defect, whether the property meets normal use standards, and which party can be held responsible for the damage that has occurred and repair costs.