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Can roofer apply lien to my house?

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R

roofcontract

Guest
What is the name of your state? OHIO

I received a flier in the mail for a roofer to come out and inspect for hail damage. Since houses in nearby neighborhoods had hail damage, I figured I better inquire. I called and asked if there was any obligation for them inspecting, which they said no.

At 8pm the roofer came out and inspected the home, and indicated there was hail damage. He presented me with a "agreement" to sign. I was hesitant, but signed after adding in my own words, listed in CAPITAL LETTERS below. The contract reads...

"I, property owner, authorize Roofer to negotiate with my insurance carrier for any property damage at my house address on this day of 2003.

I understand the Roofer will act as my agent to obtain appropriaTe property damage adjustments, and upon insurance company to discuss matters directly with Roofer as my agents, however not as my legal representatives. Roofer agrees to act in the best interest of the property owner in obtaining property damage adjustments, but in no way bares liability for such damage.

Property owner agrees to allow Roofer to perform any repairs prescribed by the insurance company at prices determined by the insurance company with no additional cost to the property owner except for the deductible., PROVIDED HOME OWNER AUTHORIZES SERVICE.

Material and labor specifications will follow upon insurance company approval per docuemnt IA.

This transaction may be canceled within three business days from teh above date. This notice is furnished pursuant to a rule of the federal trade commission."

It is clear to me now the business of this contractor is to hire the lowest bidder, and make a profit. Also, we want to sell the house soon, and may allow the next owner to take care of the damages, with a lower selling price.

My questions are:
1. Are my handwritten words part of the contract (I asked him if it was ok to add, and he said yes)?
2. Does this contract then state that they are only allowed to perform work that I specifically authorize (my deck may need stained also as a result of the hail. I'd like to do that myself.)?
3. If I do not get the work done ( I want to sell the house and may negotiate for the new owner to take care of it, selling at a lower price), does the roofer have a case against me?
4. If I do get the work done by a different roofer, does this roofer have a case against me?
5. In either scenario 3 or 4 above, would the roofer be able to apply a lien to my house (and thus mess up a possible sale.)
6. What options do I have to prevent a lien against my house?
7. If I do have a lien against my house, what are my best paths to remove the lien?
8. The roofer was informed by the insurance adjuster of the time he would inspect the home, but the roofer was NOT present. Does this make the Roofer at fault to fulfill the contract, and thus my obligations are no longer required?
9. What time commitment would I be obligated to by this contract... what if I waited a year or two, (or 5) to get the work done? (I at least would wait 9 months till spring, when temperature is warmer.) Does this contract last forever?

Thanks for any help you can provide.
 


HomeGuru

Senior Member
roofcontract said:
What is the name of your state? OHIO

I received a flier in the mail for a roofer to come out and inspect for hail damage. Since houses in nearby neighborhoods had hail damage, I figured I better inquire. I called and asked if there was any obligation for them inspecting, which they said no.

At 8pm the roofer came out and inspected the home, and indicated there was hail damage. He presented me with a "agreement" to sign. I was hesitant, but signed after adding in my own words, listed in CAPITAL LETTERS below. The contract reads...

"I, property owner, authorize Roofer to negotiate with my insurance carrier for any property damage at my house address on this day of 2003.

I understand the Roofer will act as my agent to obtain appropriaTe property damage adjustments, and upon insurance company to discuss matters directly with Roofer as my agents, however not as my legal representatives. Roofer agrees to act in the best interest of the property owner in obtaining property damage adjustments, but in no way bares liability for such damage.

Property owner agrees to allow Roofer to perform any repairs prescribed by the insurance company at prices determined by the insurance company with no additional cost to the property owner except for the deductible., PROVIDED HOME OWNER AUTHORIZES SERVICE.

Material and labor specifications will follow upon insurance company approval per docuemnt IA.

This transaction may be canceled within three business days from teh above date. This notice is furnished pursuant to a rule of the federal trade commission."

It is clear to me now the business of this contractor is to hire the lowest bidder, and make a profit. Also, we want to sell the house soon, and may allow the next owner to take care of the damages, with a lower selling price.

My questions are:
1. Are my handwritten words part of the contract (I asked him if it was ok to add, and he said yes)?
2. Does this contract then state that they are only allowed to perform work that I specifically authorize (my deck may need stained also as a result of the hail. I'd like to do that myself.)?
3. If I do not get the work done ( I want to sell the house and may negotiate for the new owner to take care of it, selling at a lower price), does the roofer have a case against me?
4. If I do get the work done by a different roofer, does this roofer have a case against me?
5. In either scenario 3 or 4 above, would the roofer be able to apply a lien to my house (and thus mess up a possible sale.)
6. What options do I have to prevent a lien against my house?
7. If I do have a lien against my house, what are my best paths to remove the lien?
8. The roofer was informed by the insurance adjuster of the time he would inspect the home, but the roofer was NOT present. Does this make the Roofer at fault to fulfill the contract, and thus my obligations are no longer required?
9. What time commitment would I be obligated to by this contract... what if I waited a year or two, (or 5) to get the work done? (I at least would wait 9 months till spring, when temperature is warmer.) Does this contract last forever?

Thanks for any help you can provide.
**A: and what did the Ohio BBB, Contractors Licensing Board, Office of the attorney General and the Consumer Protection Office tell you when you asked them these same questions?
 

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