Expert: Dick Dennis - 3/4/2007

Question
HI DICK,
IN NOVEMBER 2005, WE PURCHASED A 5-YR.OLD HOUSE IN MAINE.  RIGHT BEFORE CLOSING, OUR REALTOR INFORMED US THAT THE SELLERS INFORMED HER THAT THE ROOF IS NOW LEAKING IN THE DINING ROOM, BUT THAT THEY WILL REPAIR IT (THIS HAPPENED AFTER THE INSPECTION).  IN OUR PURCHASING AGREEMENT, IT IS WRITTEN THAT" SELLERS WILL REPAIR ROOF TO AVOID FURTHER LEAKAGE". THE SELLERS HAD THE BUILDER TO REPAIR THE ROOF AND THE SELLER WHO IS A INTERIOR DECORATOR, GOT HER FRIEND AND CONTRACTOR TO REPAIR THE INTERIOR CEILING THAT WAS DAMAGED BY THE LEAKAGE. THE FINAL COMPLETION WAS IN APRIL 06.  WELL HERE IT IS MARCH 07, APPROXIMATELY 1 YEAR LATER, AND THE ROOF IS LEAKING AGAIN IN THE SAME SPOT REPAIRED.
DUE TO THIS BEING IN OUR PURCHASING AGREEMENT, IS THE SELLER STILL OBLIGATED TO REPAIR THE ROOF, EVEN THOUGH SHE SEEMED TO HAVE REPAIRED IT BEFORE? APPARENTLY, THEY FAILED TO FIX IT CORRECTLY THE FIRST TIME.  ARE THE OBLIGATED TO FIX IT RIGHT?

Answer
You bet, Maryann. The contract said to fix it, not just go through the motions. Since it is leaking in the same place they obviously did not.

You should send a certified letter to the seller AND the Realtor advising that if the roof is not repaired within, say, two weeks, then you will engage a roof repair company, pay them and then take the seller to court. If it is less than $5,000 ($7,500 in some states) then it'll be in small claims court.

It would be a good idea to consult with a REAL ESTATE attorney to have him/her send that letter and then followup. The seller needs to know that you mean business.

I do wish you well.

Dick Dennis