Can I Go After The Seller And Win?

What is the name of your state?Mississippi

We purchased a home in Sept' 03. On the contract under the contingency section we had that the seller would replace damaged wood around the chimney. We discovered that the seller did not fix the wood, he had simply covered the damage with a piece of aluminum that was stapled to the damaged wood and painted the same color as the home.

In the process of seeing how much it would cost to fix the damage oursleves we discover that the damaged wood is just the start. There is actually about 2500.00 worth of damage in the area where the damaged wood is. I think the seller knew it was a bad problem and tried to mask it with the piece of aluminum.

Can we go after the seller for not properly fixing the damage as it states in the contract. For what it's worth, the home inspector did not catch the "repair" that was done by the seller.

Thanks

Paul

[JETX]

"Can we go after the seller for not properly fixing the damage as it states in the contract."
*** Yes. Anyone can sue almost anyone else over almost anything.

"For what it's worth, the home inspector did not catch the "repair" that was done by the seller."
*** Not relevant in your claim for 'breach of contract' against the seller.

However, you should realize that the 'breach' would ONLY be for the work that the seller agreed to do. Any claim would NOT cover the additional work that you later 'discovered'.

[HomeGuru]

Originally Posted by ByramMs

What is the name of your state?Mississippi

We purchased a home in Sept' 03. On the contract under the contingency section we had that the seller would replace damaged wood around the chimney. We discovered that the seller did not fix the wood, he had simply covered the damage with a piece of aluminum that was stapled to the damaged wood and painted the same color as the home.

In the process of seeing how much it would cost to fix the damage oursleves we discover that the damaged wood is just the start. There is actually about 2500.00 worth of damage in the area where the damaged wood is. I think the seller knew it was a bad problem and tried to mask it with the piece of aluminum.

Can we go after the seller for not properly fixing the damage as it states in the contract. For what it's worth, the home inspector did not catch the "repair" that was done by the seller.

Thanks

Paul

**A: did you specify in the contract that the work was to be completed by a licensed roofing contractor that would give a warranty for the work?