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Ray
Ray, Lawyer
Category: Real Estate Law
Satisfied Customers: 37057
Experience:  Texas Attorney for 30 years dealing in real estate
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I closed on my home January 15th, I noticed a water stain in

Customer Question

I closed on my home January 15th, I noticed a water stain in the kitchen area above the sink, water had leaked because area was very soft. I had someone go up to attic and noticed that their was moisture I called my real estate broker to call the seller, I had not noticed that months before the contractors that the sellers had hired had put some kind of sealant on the roof which is white in color (that was speculated in the first inspection) but for what it is unknown. Any how I requested that contractor who worked on roof come and explain to me about white sealant and where was leak? He told me that leak was around a long pipe and that was reason for sealant, he also told me it was put down 8 months prior but it leaked about 2 weeks before, I was so upset with his answers so I took it upon my self to get a second opinion from a licensed roofing contractor he told me and real estate broker that when they put down the sealant they ruined half of the roof. Contractor gave me a estimate o
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Ray replied 10 months ago.

Hi and welcome to JA. Ray here to help you.

I would hold out for the $2,800 here to fix the half of the roof.Releasing them for $1k is letting them off too cheap.

You can threaten small claims , you can sue for up to $10k.If the entire roof is ruined then you may sue for whole roof value.The fact you bought below value is not relevant, there was a failure to disclose the problems here.

You should consider countering for what you feel you need to repair your house and then small claims if they will not pay up.This is considered a breach of sales contract, material non disclosure here.

Here are free forms and self help to file small claims.

https://www.metrocourt.state.nm.us/xnet/main.jsp?folder=services&file=selfhelp

They are starting too low here, you need to counter maybe $6k see how much they come up with.

I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.

Expert:  Ray replied 10 months ago.

Should have been disclosed by seller.

ROOFS, GUTTERS AND DOWNSPOUTS

1. Type of roof and approximate age: Pitched

_____yrs. Pueblo/Flat ___yrs. Pitched

& Flat ___yrs. If

flat, does the roof have a positive slope? Yes

No Don’t know

2. Type of roofing material (tar & gravel, asphalt

shingles, etc.):__________________________________

_______

Additional comments: _______________________________

___________________________________________

3. Has all or part of the roof been resurfaced or

replaced? Yes No Don’t know If yes, what year? _______

By whom? _____________________________ What portions? __________________________________________

Additional comments: _______________________________

___________________________________________

4. Is there a transferable written guarantee?

Yes No Don’t know

If yes, until what date? _________________________ By

whom? _______________________________________

5. Has the roof ever leaked while you have owned t

he property? Yes No

If yes, what has been done to correct the problem? _

___________________________________________________

6. Do spouts and gutters drain away from the property? Yes No Don’t know

7. Are you aware of any faulty drainage or water penetration on the structure? Yes No Don’t know If yes,

describe: ________________________________________

_________________

For additional information or further explanation (

indicate item #): ________________________________

_________

Expert:  Ray replied 10 months ago.

As you can see they are liable if they failed to disclose it at time of sale.You can seek counter here and seek more money , sue in small claims otherwise.

Expert:  Ray replied 10 months ago.

If you can leave a positive rating when we are done it is always much appreciated.