certainteed shingles settlement question

[Barwick11]

What is the name of your state (only U.S. law)? Michigan

We bought our house in early 2011 from a bank. It has certainteed organic shingles on it that were part of a settlement. Near as I can tell, nobody has filed a claim for this settlement. BUT, when they did the settlement, they said you had to be a member of the "class", specifically:

You were the owner of the building on December 15, 2009;
OR
You sold the building before December 15, 2009, and, when you sold the building, you retained the legal right to make a claim on the CertainTeed Organic Shingles;
OR
You submitted a warranty claim to CertainTeed regarding the CertainTeed Organic Shingles between August 1, 2006, and October 3, 2011.


So, long story short, according to their BS crap, "yeah, you bought the house with defective shingles on it, and they're now curling and causing problems, but since you didn't own the house on December 15, 2009, you're screwed"

Is there any recourse we have here? Since we weren't a member of the original class, I suppose we're still legally able to go after Certainteed if we really wanted to outside the settlement? It seems they left that door open to us.

We also (obviously) don't know the previous owner, so we can't even contact them to submit the claim somehow. This seems completley asinine that we can't file a claim under this, and are going to be out probably $5000+ because of it. Any thoughts?

 

[justalayman]

]So, long story short, according to their BS crap, "yeah, you bought the house with defective shingles on it, and they're now curling and causing problems, but since you didn't own the house on December 15, 2009, you're screwed"

You have to understand that a settlement agreement is what the courts have approved. They have to put the deadline on things somewhere or it could linger on forever and possibly with never a resolution. Sorry that you got the short end of the stick but sometimes that happens.


where you might have a claim is from the seller.

whoops, never mind. Just realized it was purchased from a bank. Unless something was very unusual, they are not liable for deficiencies in a home.




what I started to address above was the possibility that if the seller was aware of an issue and failed to disclose that to you, you might have had recourse against them. Since it appears this was likely a foreclosure or some other situation where the bank ended up with the house other than through an intentional purchase, you would not have a claim against the prior owner or the bank.

Since we weren't a member of the original class, I suppose we're still legally able to go after Certainteed if we really wanted to outside the settlement?

any idea if there is a warranty on the shingles? That might be your only possibility to recover anything. Attempting to sue for a defective product is likely to cost well over the $5k and still not be successful, if that is even a possibility at all.

 

[Barwick11]

Crap**************.