New Roof May be Bad????? / Escrow acct for repairs???

[Scoobz]

Basically closed on home on August 27, 1999. Had been assured that a new roof was to be completed by closing. They were supposed to start on August 2nd and did not start til 8/24 instead. The weekend of closing had a bad rain storm. Got major leakage and staining on the ceilings in the home. Seller had been required to keep money in escrow which they did. Roof not completed til almost end of September. The roofers brother was supposed to paint the ceilings. had problems coordinating free time with him. He would only come late in the evening into night.
Escrow had been released but to date ceiling had not been repaired and have noticed new stains in other ceilings in other parts of the home. This was to be a new roof.

What should I do and whom is resonsible the seller or roofer? Because escrow has been released some time ago would we go to small claims court. The attorney who did the closing has not been returning my calls. I am in massachusetts ....

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Scoobz:
Basically closed on home on August 27, 1999. Had been assured that a new roof was to be completed by closing. They were supposed to start on August 2nd and did not start til 8/24 instead. The weekend of closing had a bad rain storm. Got major leakage and staining on the ceilings in the home. Seller had been required to keep money in escrow which they did. Roof not completed til almost end of September. The roofers brother was supposed to paint the ceilings. had problems coordinating free time with him. He would only come late in the evening into night.
Escrow had been released but to date ceiling had not been repaired and have noticed new stains in other ceilings in other parts of the home. This was to be a new roof.

What should I do and whom is resonsible the seller or roofer? Because escrow has been released some time ago would we go to small claims court. The attorney who did the closing has not been returning my calls. I am in massachusetts ....

<HR></BLOCKQUOTE>

Depending on the way the contract was written either the seller or the roofer could be resposible. If the contract indicated that the Seller was required to hire a licensed roofer and that was done, then the roofer is responsible. If the Seller hired an unlicensed roofer then the Seller is responsible because the contract provision was not adhered to. Also what were the terms of the work ie. new roof vs. roof repair, total repair vs. spot localized areas, new sheathing vs. just replace the roofing material, type of roofing material used such as good, fair or poor/cheap/low grade quality product, type of warranty, if any, such as material and labor, only material, manufacturers warranty provided, was there a written contract for the work and did you get to approve it etc. What were the provisions to approve the roof and ceiling work when completed such as independent inspection, Sellers word or written certification by the roofer to escrow that the work was completed and directive to disburse the funds. You as the Buyer should have had a say in the approval of completion and acceptance together with directive to escrow to disburse the funds.
If you now need a new roof, the cost may exceed the small claims court ceiling limit on cost of damages.

It is recommended that you get an independent licensed roofing contractor to inspect the roof and provide you an inspection and cost to correct report. This written report will specify your cost of damages against the Seller or roofer.