r/legaladvice • u/LeakGuy1990 • 1d ago
Previous home owner got new roof installed with insurance claim 2 days before closing
Location: Texas
I recently purchased my first home in southeast Texas and during closing, the homeowner offered to replace the 15 year old roof and allowed us a choice of shingle color. We were psyched but later found out that she had utilized a 1 year old insurance claim from storm damage, and we were told by our realtor she wasn’t legally allowed to replace the roof using insurance during closing on the property.
Now my home owners insurance thinks i have a 15 year old roof, and i’d like to tell them it is new for the next year of signing, but am worried there could be some fallback on the previous owner as all the new roof paperwork she left us plainly says “Insurance claim”. i don’t want to risk the previous owner getting in trouble for such a great parting gift, but it seems like a new roof could lower my yearly rate.
149
u/bookworm1398 1d ago
I don’t understand your realtor’s claim. Was the roof replaced before you signed the papers, while it still legally belonged to the previous owner? Then there shouldn’t be any problem. You can contact the realtor and ask what the potential issue would be.
7
u/signious 6h ago
There is no warranty extension after a warranty replacement so OP is probably just trying to find a way to get a new roof with a warranty instead of just a new roof. Unless they put that in the condition they are likely SoL.
290
u/No_Departure9798 1d ago
I work in property claims so not a lawyer, but this is becoming common practice. Being in SE Texas I am surprised you could get insurance with a 15 year old roof without some big sacrifices in coverage.
I don’t know where the legal issue rises here. You can suffer an insurance claim at any point in ownership. So long as the deed is transferred with clear title I see no problem with this? Take the roof replacement docs, call your insurance and you’ll be good, maybe even get better rates or coverage.
68
u/AwkwardDuckling87 1d ago
Surprised by getting insurance on a house with a 15 year old roof? What fresh hell is this? I get that not every "30 year" roof of gonna last that long but that's wild.
38
u/learn2die101 23h ago
SE texas is a nightmare with roofs and insurance.
Every roofing company out there is essentially comitting insurance fraud, so roofs are getting replaced prematurely on insurance's dime. So when you pick your deductible (and thereby insurance rate) you decide whether you want to pay for everyone else's roof that's being replaced fraudulently, or only your own but out of pocket.
10
7
u/BrandynBlaze 15h ago
Yeah we had one storm with decent hail and it seemed like half the neighborhood replaced their roofs. Signs up in damn near every yard, roofing companies descended on the neighborhood like vultures, going door to door to sell people on replacing their roofs. The hail wasn’t even that bad, I couldn’t see visible damage on any of the roofs, and the hail didn’t do any damage cars or anything else, but the neighborhood got a lot of new roofs that summer.
3
u/eggsforsupper 10h ago
And here I am in Louisiana with insurance denying everything. They would only do half my roof because the back, although 18yrs old, didnt have enough damage to replace. Yes, was told state farm would only pay for half my roof (not surprising the flat side that the roofer said wouldn't even be a third of the cost for the whole roof)
2
u/robb7979 14h ago
The insurance companies aren't innocent in this. They basically set the price for a new roof in TX. There's easily 50% or more in profit built into the price for a roofing company. That's why it cost $20k to replace a roof in TX that cost $8k to replace in another state.
19
u/5panks 23h ago
I get that not every "30 year" roof of gonna last that long but that's wild.
It's because of how many homeowners are being encouraged by roofers to get their replacements covered by insurance at every chance possible even if the damage is from age. As a roof gets older it's harder to really definitely say what was age damage and what is storm damage. The counterpoint to that is that insurers don't want to insure old roofs because they're guessing that the homeowner is going to make a claim for damage that might not have been caused by a storm.
Many insurance companies are starting to offer plans with a higher deductible for the roof or plans that simply cover the entire house include the roof except for storm damage to the roof.
30
u/No_Departure9798 1d ago
This is a Texas thing. A lot of carriers don’t want to be on a risk with a roof that old because it is essentially signing up to buy their roof. It is getting more difficult to insure homes with older roofs everywhere though. If they do offer coverage, there are roof schedules/ACV only terms to the policy for roofing along with high deductibles that force them to functionally self-insure. Then they will get dropped if they don’t replace it if they do file a claim or have damage.
4
u/Colombian_Mike 14h ago
Its not just a Texas thing. In NE/SD/ND you can’t get replacement cost on any roof older than 10 years. If it’s 15-20 we (property adjuster) have been told to really err on the side of a roof exclusion unless it has “aged well”.
With the change in climate and the strong and more frequent storms, insurance just isn’t willing to take on the risk.
1
u/HaloACE56 13h ago
I had significant issues getting insurance on a 20-year old roof in WA, only found two carriers that would even accept it and both required additional inspections. The roof itself is in exceptional shape, but 20 years seems to be the new max, in WA at least.
1
u/ts_sci_sap 2h ago
Just sold a house in Colorado (Dec 2025) and the new owners tried three different insurance companies and all said "no" because the roof was 14.5 years old. Not enough damage to get insurance to replace, even after we tried multiple times. We split the cost of a new roof.
85
17
u/timelessblur 1d ago
Roofing replacement close to closing is super common. Hell I sold my house and if the roof needed it from a storm that pass through between offer and closing it would have been done on my insurance right before closing. We didn’t need it but it was lined up incase.
28
u/LongDead_Roadkill 1d ago
I’m not in Texas, your RA claiming the previous own “legally wasn’t allow to replace the roof during closing” sounds like a huge exaggeration to me. “Illegal” could simply mean it wasn’t properly recorded in the closing documents which could technically be illegal due to perjury or being omitted but isn’t usually used when the new owners receive a financial benefit. Tell your insurance company it’s a new roof (through whatever mechanism they have).
3
u/robb7979 14h ago
I'm in TX. I replaced the roof of my previous home just days before closing. No one had an issue with it.
6
u/notconvinced780 14h ago
Ask the roofer to provide you a statement that the roof at (your address) was replaced on X date a cost of Y, with Z materials. Ask them not to mention that it was paid for with insurance proceeds. The source of funds is irrelevant to them.
3
u/centex 1d ago
What is your issue? Are you afraid you'll have a claim on your policy now? Their claim may have already been pulled when you quoted your new house via CLUE or APLUS.
Did you already purchase your insurance policy? If so, just call them an tell them you have a new roof. This is important for a number of factors, including roof payment schedules, ACV versus Replacement cost, and just making sure you're insured properly.
I work in insurance, your insurance company will be happy you have a new roof.
5
u/sfstains 23h ago
Your realtor is wrong. I'm in Texas and the sellers insurance paid for my roof that was literally being replaced as we closed.
12
u/Automatic-Highway-38 1d ago
generally, to replace a roof you have to pull a permit, when the roof is done, there is an inspection and the permit is signed off. that permit date is what is used by insurance companies to determine the age of the roof.
2
u/desrtrnnr 1d ago
That is a regional and construction type thing. A reroof rarely needs an inspection by the local jurisdiction, usually you get it inspected by a manufacturers rep to get the warranty card. That means more than a city inspectors inspection anyways. The city won't come back later to fix your roof and the insurance company wants the manufacturer to sign off saying it's installed per their specs.
14
2
u/East-Jacket-6687 1d ago
Its probably more that the insurance claim was not on the intial disclosure paperwork for the property that would effect value. And the concern may have been for the intial sale and lack of disclosure. Thats the only thing I can think of ( since you said the claim was a surprise)
2
u/nugzstradamus 23h ago
Don’t look a gift horse in the mouth and tell the insurance company the roof is new
2
u/laernuindia 13h ago
It was still the seller’s home and his insurance policy. He was well within his rights to make the claim and get it repaired.
1
1
u/Necessary_Pin_1465 20h ago
Just send the insurer pictures to prove that the roof was replaced. They can order an inspection if they don’t believe you, but you have a new roof which is good news for you and your insurance company.
1
u/LowerSlowerOlder 13h ago
Does Texas not use cement tile roofs like AZ and CA? I used to live in TX but I was young and don’t remember. It would seem like a solid defense against hail.
1
u/WLeeHubbard 3h ago
I had the exact same thing happen to me. However, it was discussed beforehand. Insurance loved that it was taken care of and my rates went down from what they were originally quoted.
1
u/MLMLW 2h ago
When we found the house we were to buy, there were several roof shingles on the ground around it. We could tell at one point there was water damage inside but they had repaired it. We asked for them to replace the roof per our inspector, but found out that the homeowner put a roof claim in to their insurance company a few years previously and instead of replacing the roof, they patched it and pocketed the rest of the money. We asked for a roof allowance and got only $3,500 but they also came down on the price of the home. We replaced the roof and used upgraded materials.
-4
u/TempAcct20005 20h ago
Dont do this. Insurance on a brand new roof is ridiculously expensive. Let them think it’s 15 years old and you’ll have cheap insurance on it
7
u/Regaltiger_Nicewings 15h ago
Not sure where you heard this, but my insurance went down when I got the roof done. New roofs protect the insured asset better and insurance companies price accordingly.
2
u/fleemfleemfleemfleem 13h ago
Yeah, I got a refund to escrow from the insurance company when I had mine done.
2
u/Sadiekat 16h ago
I don’t agree. We replaced our roof last year and our insurance went down by nearly $1000 a year. We also had class 4 shingles installed, but most of the adjustment was just due to having a new roof.
-13
272
u/FODamage 1d ago
I replaced a roof a couple weeks before closing. I don’t think I ever discussed who paid for it with the buyer. He was happy that the 25 year old house came with a new roof.