Roof still leaking after repair

[Vtie2014]

What is the name of your state? New Mexico

We recently bought a house and prior to buying it, the sellers had to have a licensed roofer fix the leak in the detached, oversized 1-car garage. Shortly before finalizing the purchase, we realized the roof work had been paid for, but our inspector told us no work had been done since the first time he did the inspection. The roofers came back out and we watched them work on the roof, so we bought the house. (The invoice says "seal gravel stop as needed, seal roof whole" for the tar and gravel roof, and ran about $1000). It has been almost a month now of scheduling appointments for them to come back out and fix it (9 appointments total, 3 times actually showing up without giving any notice the other times). At this point we are just trying to get a refund. What is the normal course of action in these situations? They have been up working on the roof, but it has done nothing whatsoever to help with the leak. If they refuse to give us a refund, what is our best course of action?

 

[quincy]

What is the name of your state? New Mexico

We recently bought a house and prior to buying it, the sellers had to have a licensed roofer fix the leak in the detached, oversized 1-car garage. Shortly before finalizing the purchase, we realized the roof work had been paid for, but our inspector told us no work had been done since the first time he did the inspection. The roofers came back out and we watched them work on the roof, so we bought the house. (The invoice says "seal gravel stop as needed, seal roof whole" for the tar and gravel roof, and ran about $1000). It has been almost a month now of scheduling appointments for them to come back out and fix it (9 appointments total, 3 times actually showing up without giving any notice the other times). At this point we are just trying to get a refund. What is the normal course of action in these situations? They have been up working on the roof, but it has done nothing whatsoever to help with the leak. If they refuse to give us a refund, what is our best course of action?

Did the sellers pay the roofer or did you?

 

[adjusterjack]

If they refuse to give us a refund, what is our best course of action?

Get another roofer to fix the leak then sue the first roofer for the cost.

Make sure the second roofer is willing and able to testify in court about what the first roofer did wrong.

 

[Zigner]

OP says that the sellers had the roofer do the work, including the rework, before they purchased the house.

 

[Zigner]

You are not entitled to anything from the roofer. You might be entitled to something from the seller, but it really depends on the wording of your purchase contract.

 

[quincy]

And they also watched the repairs being made to the roof.

 

[Vtie2014]

OP says that the sellers had the roofer do the work, including the rework, before they purchased the house.

The sellers paid for the roof as part of the objections/resolutions process. The leak had to be fixed by a licensed roofer prior to us purchasing the home, but it didn't rain for a while so we didn't know it was still leaking.

 

[quincy]

You can have the roofers back to fix the roof again but, because you did not pay for the repairs initially, you are not due a refund from the roofers.

 

[Vtie2014]

If it helps, this is the wording from the objections/resolutions process, which the sellers agreed to fulfill. "Active leak in roof of garage - Buyers are requesting repair/replace by licensed roofing contractor.". If we have grounds to go after the sellers for it, what is the process to do so - small claims court?

 

[xylene]

I'm going to give you news you may not want to hear. It is quite possible seal and regravel is not an adequate repair, and that repair itself is not possible and that your roof needs a whole new membrane and structural repair for issues that cause low slope roof issues like ponding.

 

[quincy]

If it helps, this is the wording from the objections/resolutions process, which the sellers agreed to fulfill. "Active leak in roof of garage - Buyers are requesting repair/replace by licensed roofing contractor.". If we have grounds to go after the sellers for it, what is the process to do so - small claims court?

Small claims seems appropriate.

You will want to contact the sellers to let them know that the roofers they hired did not fix the roof adequately. You potentially can seek from the sellers the amount it costs you to hire new roofers and the sellers can seek a refund from the roofers they hired.

You should have your purchase agreement reviewed by a legal professional in your area first, however, to make sure you are on solid legal ground before pursuing the sellers for costs.

And, if you signed off on the work done by the roofers at the time you watched them make the repair, you might not be entitled to anything.

 

[Zigner]

And they also watched the repairs being made to the roof.

...PRIOR to finalizing the sale.