I recently purchased a home, closed a month ago on April 22, 2010. I went on vacation the week of May 10th-14th, and my sister was checking on the house. On May 11th, she went to the home, only to find water all over the kitchen counter. Apparently, it was raining very heavily that week (I was in Mexico), and water was coming in through the exhaust fan in the kitchen. She cleaned up the water, and called my dad. He came over and put a garbage bag over the vent on the roof to hopefully stop the leak until I got home and could deal with this. When my sister went back the following day, after the vent had been covered up, the bucket that she had put on the counter was FULL. It could then be concluded that the water was not coming up through the vent or even around it, but rather that's just where the water was able to drain out. I have a home warranty so I filed a claim. I had a roofer come over and check it out. He stated that the entire roof job, which was done in 2008, was very poorly done. He recommended that I have the entire thing redone. I contacted my realtor who contacted the selling realtor very casually through an email, and asked if she could find out who did the roof, and if the sellers recall if they have a warranty. To my surprise and momemtary excitement, they did have a warranty. The contractor who did the work came out this morning and after looking at the roof, basically voided the warranty because of some handyman work that was done on the roof. He showed me an entire section of the roof where the shingles didn't even match, and stated that they were cracked. He also stated that the flashing around the chimney was done after the fact, and that it wasn't properly done. I can only conclude then that the sellers had some sort of problem and decided to fix it themselves. (Why they didn't just call the contractor when they had a warranty is beyond my comprehension.) The contractor also looked in the attic this morning and stated that there was evidence of some leaking, and noted that someone had sprayed some foam insulation around the chimney.
My question now is, do I have any recourse with the seller to force them to pay to have this fixed? It has only been a month, and the problem presented itself less than 3 weeks after closing! They filled out and signed a Seller Condition Report, checking the "No" box next to, "I am aware of leaks in the roof." As a side note to that question, if they had a problem, and "fixed" it and no longer experienced any leaks, were they then not required to tell me that there had been a problem? Also, the home inspector noted that the roof was a GREAT job, what a load. Do you think I have any recourse against him?