The buyer
relied on your disclosure that the roof was replaced and 1-year-old.
When you used the words and terms "replaced" and "age
1 year old" the buyer would have the understanding that the
roof was replaced new and is a year old. You, as the seller, had
a duty to the buyer to disclose the exact and complete details
on where the roof leaked, what was done to fix the problem, methods
and areas of repair or replacement, was the entire roof replaced
or only certain sections, was the roof framing/system replaced
or only the roof covering, was roof sheathing, flashing etc. replaced
or just the roof covering, who did the work: homeowner/seller,
handyman or licensed and/or professional experienced roofer, what
are the terms of the warranty if any etc. You would have a defense
only if you disclosed everything about the roof, i.e. specified
exactly the locations of the leaks, that the roof was not a new
roof, exactly what areas were replaced, how and by whom, the roof
is sold in as-is condition and you give no warranties as to the
condition. If you have this agreement in writing then you may be
protected. It appears in this case that your disclosure was ambiguous
and not full and complete. If the current leak is in the same area
as the old leak, then it may be established that the corrective
replacement was defective.
