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Old 10-18-2016, 01:21 PM
 
Location: Jacksonville, FL
134 posts, read 327,698 times
Reputation: 138

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The existing home I just bought had some leaks where the enclosure and chimney meet on the back of the house. It was leaking water into the enclosure and we found it during our inspection period (heavy rain day) so we went on a long, multi-stage repair where existing water damage was found. The seller (relo company) hired a company that at the time appeared to have subbed out to the cheapest warm body they could find (we had issues with them during repairs). After repairs were done it never rained hard but very light rain and I saw no water in the enclosure. When Matthew came of course the rain was heavy enough to where it was leaking the same as it had before (actually worse now as there is a leak in a new spot where they had done work).


Question is, is there any recourse to having the seller take care of it? I've already contacted the company they hired and they do not warranty repair work. I'm not sure if there is legal precedent for this type of situation but I am starting to research that now. If not I guess I'm going to have to take care of it. If it matters, I'm in Florida.
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Old 10-18-2016, 01:32 PM
 
Location: Jacksonville, FL
134 posts, read 327,698 times
Reputation: 138
To add, the repairs were agreed to in the sales contract. I'm just curious if anyone has been in this type of a situate before where agreed upon repairs are found after the fact to be faulty.
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Old 10-18-2016, 02:33 PM
 
Location: Michigan
2,741 posts, read 2,955,416 times
Reputation: 6540
OK, your inspector found the original leak during your inspection period, and you requested it be repaired, correct? The sellers then hired a company/contractor to repair it, and after that was done, you had it re-inspected and then signed OFF on the repair saying you agreed it was fixed, then you purchased the house?

I'm not a lawyer, but I think your options are limited. Try your insurance company first. Do NOT say to them that you think it was repaired improperly, because you aren't an expert, and maybe it was (for all YOU know), but hurricanes have other ideas. You could try to re-contact the seller and request them to intervene, and see if they can get the contractor to repair it again. You can get it repaired yourself out of pocket, get it all documented via photo's and see if the company you use will sign an affidavit attesting that the previous company didn't repair it correctly. Then you'd have to sue the seller and/or previous repair contractor to attempt to get your money back that you spent to get it repaired properly.

Sometimes stuff just happens, but roof leaks MUST be attended to right away, they can NOT wait.
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Old 10-18-2016, 02:55 PM
 
3,602 posts, read 7,850,061 times
Reputation: 9174
I think it comes down to the details of your agreement with the seller. If it said that the work done needed to have a warranty then you have a case. If you signed off that the repairs were complete you are out of luck.
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Old 10-19-2016, 11:47 AM
 
Location: Just south of Denver since 1989
11,812 posts, read 34,265,174 times
Reputation: 8930
Can't you ask the company that did the repairs to return and make them right?
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Old 10-19-2016, 12:03 PM
 
Location: Omaha, Nebraska
10,297 posts, read 7,877,742 times
Reputation: 27606
Quote:
Originally Posted by JoJoCal19 View Post
Question is, is there any recourse to having the seller take care of it? I've already contacted the company they hired and they do not warranty repair work.
I think you may need to talk to a real estate attorney to find out what your legal options are.

This is a good reason to request a price reduction and use the money saved to do the repair yourself rather than demand the sellers fix the problem. I doubt you would have chosen a company to do roofing work that won't stand behind its work, but the former owner did, and now you're stuck with a problem.
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Old 10-19-2016, 04:39 PM
 
Location: Florida -
10,213 posts, read 14,737,263 times
Reputation: 21845
It would seem like your recourse is with the seller, who is the one who contracted to have the work done. Since you signed-off on the work prior to closing, you probably have very little leverage, but it may be worth appealing to the ethics of either the seller or the person doing the work. Optionally, you may have a small claims case, so be sure to document everything.

This is probably a good example of why a buyer should either insist on a price reduction and do the work themselves; ... or, at the very least, on a warranty that protects them in this type of situation.
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Old 10-21-2016, 10:07 AM
 
Location: Jacksonville, FL
134 posts, read 327,698 times
Reputation: 138
Thanks for the replies. I normally would have gone with a reduction in price and had the repairs done exactly for the reason of having a reputable company do repairs that will warranty their work. Unfortunately I just wasn't in the position to do that, as well I didn't have the typical flexibility in negotiations because it was a redo company that took the house over from the seller and they were a real PITA to deal with.

Thankfully the leak is external and not inside the house. The issue is the location on the backside of the house where the enclosure roofline meets the back of the fireplace wall, the contractor put flashing in there around the fireplace to fix it. Obviously didn't do a great job, and the company that did the work won't warrant their work. I just wanted to see if anyone had experience where a defect in the repair work agreed upon and done before closing, was found after closing. Seems like an unusual situation. I guess when having that specific type of work done and visually inspected one could take a water hose up there and spray it to test it.

Lesson learned.
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Old 08-10-2020, 07:49 AM
 
2 posts, read 3,271 times
Reputation: 10
I'll chime in here that I had a hard time finding any articles that would address this situation. Glad I found this. I purchased a home in September 2019. We had a repair agreement where sellers agreed (and disclosed at selling) to fix a leak in the roof. They hired contractor who "fixed" it for $2600. Months went by (May 29th to be exact) and first big downpour, the roof leaked IN EXACTLY THE SAME SPOT THAT SELLER DISCLOSED. I'm disgusted with the real estate broker, seller and the contractor. I think they put "lipstick on a pig" and got out from under this house. Several roofing contractors (including the contractor that did the "repair") have stated the roof is shot and needs replacing. I have it in writing in the Due Diligence Report "roof could last 10+ years". "then why wasn't the fact that a new roof is needed told to the sellers?" Says "we did but they didn't want to spend the money". Obviously way past closing date so I guess I'm stuck? I DID have a re inspection done (which showed pictures of the "repair"). I was assured repair was don thought I did everything I could do to be sure this was fixed. Contractor states "we did the work we were contracted for: replace flashing around chimney and where the seller had duct taped the roof". I told him my opinion is the sellers contracted for a leak to be fixed. Any recourse? if so, against who?
RE Broker, Inspector, Contractor, Sellers????
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Old 08-10-2020, 08:35 AM
 
Location: Raleigh NC
25,118 posts, read 16,069,466 times
Reputation: 14408
how many Realtors were involved?

What did your Home Inspector say about the roof?

If the leak were really at the flashing, then the repair should have fixed that. So how could it come back "in the exact same area"?

No, the roofing company was not necessarily hired to "check for and repair all leaks". They were hired as described above.
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