Shoddy Roof Repairs Before Sale of Home

[adamm613]

My question involves a consumer law issue in the State of: Florida




We were a young couple buying our first house at the end of last year. We placed an offer on the house in November which was accepted, we sent an inspector to check the house out. He determines the flat roof (bitumen) in the rear of the house (500 sq ft addition) has reached it's useful life and notes in the inspection report it needs to be replaced as well as the front porch flat roof (50 sq ft). We counter the seller with an addendum requesting the roof to be repaired with warranty. She agrees, has the roof replaced on the rear and front porch and provides a copy of the "contractors" receipt for $3400 which states the warranty on repairs is 6 months. We have the home appraised after and the appraiser notes the roof is in good condition. Close on the house in January and move in. I go out of town the first week of February my wife calls me telling me it's recently rained and there's water on the hardwood floors. We call the seller and she sends another "contractor" out in a few days. He spends about 6 hours tarring to all hell and tells us the original "contractor" did not seal the roof properly where the flat roof (bitumen) meets the main tile roof. He writes a receipt for record keeping and tells us to call him if we notice any problems. We happily live in the house for the "dry season" of Florida until recent... About 3 weeks ago Tropical Storm Debbie decides to dump about 18 inches of rain onto our property we noticed water was leaking from the top of the window (where it meets the drywall) my wife convinces me this is from wind blowing water into the window. I am hesitant but agree. About 1 week later (still raining) I'm walking by our bed and feel a drop of water hit my arm. I look up and there's a small "j-hook" in the ceiling, the kind you would hang something from, and it has water on it. I tug on it and water comes streaming out...... At this point I am livid and we both agree there's a leak in the roof still. We called a local LICENSED contractor today and he advised the rear roof is not up to local county code and the material that was used is for porches and not suitable for living areas underneath. He tells us the whole rear roof needs to be stripped, the recently replaced fascia boards are pre-maturely rotting and he will likely have to replace some plywood decking underneath, and adivsed us there is no "membrane" where the concrete tile and flat roofs meet which he will need to add. Total cost $4,300 with a 5 year warranty. In speaking with the neighbors recently we determined the prior homeowner hired a man to repair the original roof, he arrived on a bicycle and she paid him in beer and per their words likely other "favors" , which we did not know... The second "contractor" she sent out actually just works for a commercial roofing company was not licensed on his own and did not own his own company. We are in the process of hiring a general contractor to estimate the cost of repairs/damage to the ceiling and walls. I am in over my head! Please help with any advice. Thanks!

[Mr. Knowitall]

She agrees, has the roof replaced on the rear and front porch and provides a copy of the "contractors" receipt for $3400 which states the warranty on repairs is 6 months. We have the home appraised after and the appraiser notes the roof is in good condition.

An appraiser isn't a home inspector. That may actually be a good thing, as had your own inspector signed off on the repair you would likely have a more difficult time making a claim against the seller.

As you later suggest that this contractor was not licensed, and was paid in beer, it's fair to ask - you believe the receipt to be false and fraudulent?

We call the seller and she sends another "contractor" out in a few days.

Was any warranty given on this new work? You are certain that the roofer was not working through the company that employs him - that this was a side job?

About 1 week later (still raining) I'm walking by our bed and feel a drop of water hit my arm. I look up and there's a small "j-hook" in the ceiling, the kind you would hang something from, and it has water on it. I tug on it and water comes streaming out...... At this point I am livid...

Understandable.

We called a local LICENSED contractor today... He tells us the whole rear roof needs to be stripped... Total cost $4,300 with a 5 year warranty.

So we're past the warranty date on the original "repair", but perhaps not the second?

I am in over my head! Please help with any advice.

I expect that you have homeowner's insurance. You can try making an insurance claim for the interior damage. Generally speaking they won't help with the roof repair itself, but you may have coverage for damage caused by the water that penetrated the roof.

It sounds like you have a plausible fraud case against the seller. Once you know the cost of repair and what your insurance will and will not cover, you can consider suing the seller in small claims court on a fraud theory (e.g., arguing that she lied about the repair, she deliberately performed a repair she knew would be inadequate and would hide the problems with the roof, she fabricated a receipt, and she did all of this knowing that you were actively relying upon her misrepresentations in proceeding to closing.) I believe you are limited in small claims court to $5,000, so you'll want to be careful about waiving any right to claim damages above that amount. If you're insured, you would also want to discuss any lawsuit with your adjuster before filing, to make sure you're not going to tread on your insurance company's subrogation rights.