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I bought a manufactured home in MS. Before buying, I had an inspection done and the inspector found a leak in the master bath. In addition, he found asphalt patches spread in different areas of the roof and the roof was poorly installed. I had the seller pay for a contractor to fix the area over the master bath and the patches. I put in an offer and bought the house. Less than 2 months after buying the house water started coming through the master bedroom. I contacted the seller on who put on the roof and he said it was the contractor who did the patches. I contacted the contractor who said it was the seller. After confronting the seller on the phone he admitted he put on the roof but felt he had no responsibility to pay for anything since I had an inspection done and what little was found at that time had been repaired. After having an insurance adjuster (who denied my claim) and several roofers come out and inspect the roof I found out the wooden under layment was buckling and dipping over half the house. I paid for an entire new roof as well as having sections of the under layment replaced (total cost $3700). I called the seller again who denied responsibility. I filed a lawsuit and have a court date in a couple weeks.
I feel the seller had to have known about the rotten wood underneath the roof since he is the one who replaced the roof. According to the disclosure the roof is about 5 years old but according to various roofers and the insurance adjuster the roof is much newer..about 2 years old. I don't know if this matters or if its even provable. However, I DO have samples of the rotten wood under layment. Any thoughts if I am pretty much out the money for the new roof because of the inspection? Or do I have a case since it didn't reveal the rotten under layment? Any help or advice would be greatly appreciated!
You're better off on your own at this point. If no other details are to be known here, you don't have a case with the seller. Provide more info on the contract details...did the seller offer home warranty from third-party and etc... if you bought the house AS-IS, you are responsible for any future repairs after the sale is done.
question: Did you proof check the leaking issue when the contractor did the job? Meaning, when they did the patching, did you test it? It's not that hard to proof if it's still leaking or not. The proof is in the roof to see if when water is poured, any leaking will occur.
The inspector gave you discovery about the roof-mission accomplished. The seller agreed to have the roof repaired, the roofer agreed to repair the roof. You had good reason to believe the roof was repaired correctly. The roof leaked within a short period of time. The seller and the roofer assumed responsibility for the repairs ( joint liability). The seller may file a cross complaint against the roofer- let the judge work that out. You are not responsible for doing anything more than a reasonable and prudent consumer is required to do while following the stipulations of a contract. Proceed with your suit and I hope you prevail!
The inspector gave you discovery about the roof-mission accomplished. The seller agreed to have the roof repaired, the roofer agreed to repair the roof. You had good reason to believe the roof was repaired correctly. The roof leaked within a short period of time. The seller and the roofer assumed responsibility for the repairs ( joint liability). The seller may file a cross complaint against the roofer- let the judge work that out. You are not responsible for doing anything more than a reasonable and prudent consumer is required to do while following the stipulations of a contract. Proceed with your suit and I hope you prevail!
The OP indicated that the Seller did the repairs--not a contractor.
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