Leaking Roof

[dankarf]

I bought a house in Florida on 7/26/99. Part of the contract was the seller would repair the leaky roof before I moved in. At the closing, the ceiling panel was back in place and there were no outward signs of the roof leaking, however, after the first rain storm, the roof leaked in the same place as before. I contacted the same roofing company that had supposedly "fixed" the roof before I moved in and they came out and patched the roof with more tar, which is what they had done the first time. They also said they told the owner the "patch of tar" wouldn't fix the leak properly and the roof needed to be redone at the valley, but the owner told them just to do the patch. I've been getting the brick wall for over 3 months from the owners real estate agent. I got the same roofing company to give me an estimate ($675.00) to properly repair the leak. I was finally able to speak directly to the previous owner who refused to pay the bill stating that since I accepted the house at closing, I'm responsible for the repair. Is the previous owner responsible for the cost of the repair?

 

[LorettaL]

Tricky question. Since the roof is still leaking and this was the subject of a repair by the previous owner I think there's a pretty good case to be made that he is responsible for really repairing the problem and not just a temporary fix. What does your real estate agent say about this mess? It's possible that the sales contract has a clause dealing with latent defects to the house or if there's a warranty on any repairs done to the house as a result of problems found during the property inspection. If the agent's not helpful I would consult a real estate lawyer for his advice; typically there's little or no charge for a short consultation. And if you end up suing you should also demand attorney fees on top of the repair cost.