Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
Can you tell me what state this is in?
""Before the year warranty was up, I got a full home inspection and have documentation on what was wrong with the home and things that needed to be fixed. ""
When you got the home inspection, did they discover the leak in the roof?
Is there some reason why you didn't take action back before the warranty expired to sue the builder to fix things?
Ok, I really hate to say it, but if they actually did file bankruptcy, then they would have been relieved of any liability for any of their financial obligations, including any warranty obligations.
However I would still contact the local bankruptcy court to check and see if they were telling the truth about the bankruptcy just to confirm. If not, Washington has a 6 year civil statute of limitations on a breach of contract action and you could claim fraud and misrepresentation as well if they claimed to have repaired the roof and didnt' do so.
I agree that it shouldn't be the case.... the roofer should have given a 5 year warranty like most of them do. But if they specifically disclaimed any warranty after a year, then you could try to sue them under a breach of contract claim alleging that they never properly repaired the roof so this is a case of fraud and misrepresentation..
They will have to pay an attorney a few thousand up front to defend the case, so they might just agree to settle with you rather than being dragged into court, have to hire an attorney, and then potentially lose and have to pay your damages plus your attorney fees and theirs as well..
I am flattered you would consider retaining me, but unfortunately, I am not allowed to represent customers from the site or recommend anyone personally under my agreement with JustAnswer. However, these are a couple sites that we attorneys actually use if we need foreign counsel in a state where we aren't licensed. Further, customers have consistently reported good results with these sites:
They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.
If you feel your original question and any related follow ups have been answered, I would very much appreciate a positive rating on the answer I have provided as that is the only way I receive credit for my work. If you have a new question the JustAnswer folks require that you start a new question page, but you can request me by putting "For Barrister" in the caption and they will get it to me.