The repair agreement lists "repair carport per inspection report which is to include a new roof and replace rotted lower walls" and "replace bad parts of decking understructure w/treated lumber and replace all decking boards w/treated lumber." The seller hired a licensed contractor who did the work. Although decking that is more than 30" off the ground is required to have a permit (according to the Clackamas County clerk), it was not permitted. The carport was not permitted either. My only evidence of completion was that these two structures existed when I moved in (I lived out of state when the repairs were done and did not have access during the process). I only discovered that dry rotted wood was not replaced when I had other work done on the house and another contractor found that the ledger board for the new deck was nailed to rotted wood in two different places. Additionally, there is still dry rotted wood at the bottom of some of the boards that were not replaced in the carport. I know I have no claim against the contractor because the contract was between him and the seller, not me. Can I hold the seller responsible even if he claims he didn't know the contractor did not do the work properly?
The estimates I have gotten are between $7,000 and $10,000. Since small claims court goes up to $10,000, do you think I should hire an attorney or go to small claims court. It would be a real financial hardship on me to lose.
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