Roofing Issue

[ruckamuck]

What is the name of your state? Indiana

I just purchased a home. Contingent upon us purchase that house was that the seller pay to have the house reroofed and (verbatim per agreement) "the breezeway between the garage and house to be reroofed using proper materials to allow for drainage". This was particularly addressed because the breezeway has a flat roof that I knew would be prone to leaks. The roofer re-roofed the house and the breezeway and the first rain came and lo and behold.. it leaked everywhere. It ruined the tiling on the ceiling and all the insulation. We called the roofer and he is going to come back and build the roof up so its not flat but he is going to charge $500. I assume that this is the sellers responsibility which we are working on making him understand but do I have any grievance for the damage caused due to the leaking water? Thanks

 

[FlyingRon]

Nope. Houses are generally sold as is. The seller had the house reroofed per the contract. He's not on the hook to warrant the work.

 

[Zigner]

Nope. Houses are generally sold as is. The seller had the house reroofed per the contract. He's not on the hook to warrant the work.

I disagree. The seller was required to have the work done, allowing for proper drainage. If the buyer can prove that the work was NOT done to allow for proper drainage, then he should be able to collect the cost (in small claims) to fix the roof.

As for the additional damage - that's a stickier issue. Did you have the work inspected after the roofing was done. Heck, 5 minutes with a hose should have told you if the roof was done right.

 

[ruckamuck]

I disagree. The seller was required to have the work done, allowing for proper drainage. If the buyer can prove that the work was NOT done to allow for proper drainage, then he should be able to collect the cost (in small claims) to fix the roof.

As for the additional damage - that's a stickier issue. Did you have the work inspected after the roofing was done. Heck, 5 minutes with a hose should have told you if the roof was done right.

Thanks for the reply. The house was re-roofed a few weeks ago before we moved in.. we noticed the leak a week later when it rained real hard. In my opinion the fact that I requested that the roof be adjusted for proper drainage, it is the sellers responsibility to make sure this happens. I would assume I could not be expected to know what it would take to do this as I am not a professional roofer. The roofer told me that this is the only way to properly drain the roof is to build it up but he said the seller told him to do it "as cheap as possible". The roofer claims he warned the seller that this might leak. So I guess I'm right to assume it would be up to the seller to pay to make sure his agreement he signed is upheld. The damage inside is to the insulation and the ceiling tile.. nothing else. I'm not as concerned with collecting for inside damages as I am about getting this dang leak fixed without having to front the bill.

 

[Zigner]

Thanks for the reply. The house was re-roofed a few weeks ago before we moved in.. we noticed the leak a week later when it rained real hard. In my opinion the fact that I requested that the roof be adjusted for proper drainage, it is the sellers responsibility to make sure this happens. I would assume I could not be expected to know what it would take to do this as I am not a professional roofer. The roofer told me that this is the only way to properly drain the roof is to build it up but he said the seller told him to do it "as cheap as possible". The roofer claims he warned the seller that this might leak. So I guess I'm right to assume it would be up to the seller to pay to make sure his agreement he signed is upheld. The damage inside is to the insulation and the ceiling tile.. nothing else. I'm not as concerned with collecting for inside damages as I am about getting this dang leak fixed without having to front the bill.

Sue the seller (in small claims court) for the full amount of your damages - have everything WELL documented...and if you can get the roofer in as a witness, even better.
The judge will decide for you.

EDIT:
Actually, a $100 letter from an attorney may get this all straightened out without the need for even going to small claims...

 

[ruckamuck]

Thanks for the advice!