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legalgems, Lawyer
Category: Legal
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I am not sure how to proceed. In 2010, there was a terrible

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Hi. I am not sure how to proceed. In 2010, there was a terrible storm in my neighborhood. A contractor came to the house an told us it was a hailstorm and an
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: PA
JA: Has anything been filed or reported?
Customer: I do not know how to proceed
JA: Anything else you want the lawyer to know before I connect you?
Customer: This was a roofing job that was not done to code. It was done by a company that was sued for insurance fraud. I told the company that they had not done the job correctly and they never called me back. This week I had to have someone come in and he inspected the damage and told me the job was not done to code. I have damage and a pestilence problem. The person who did the work...I have his name and information.

Hello! I will be reviewing your question and posting a response momentarily; if you have any follow up questions please respond here. Thanks!

Customer: replied 1 year ago.
The 2010 job was contracted and done by Allstate insurance with Chad's Storm Team. The job had a permit but obviously no body inspected the work. I complained but did not know who to call. Nobody called me back and the insurance company did not care. I knew there was something wrong with the roof. Last year I had mice running all over the house. I had an emergency roofer come in and he told me the job was not done correctly and would have not passed inspection. He documented it with pictures and wrote it down for me. I researched the name of the man who had owned Chad's Storm Team. He was charged with a felony for insurance fraud, served no jail time, and is rich while I am going to lose my home to rodents. I found his profile on Spokeo. I know that the job was not inspected and it would have not passed inspection if anyone had bothered to check it. I knew something was wrong but did not know how to handle it. Now I am watching my roof get eaten away by mice and squirrels. I have no money and no where to go and a disabled child.

I am sorry to hear this; roofing expenses are very costly so one would expect the work to be satisfatory.

First, a complaint can be filed here so the attorney general can investigate it to determine if they can pursue criminal charges. They usually only get involved if numerous complaints are received.

From an individual perspective, there are a few possible causes of action, but there are statute of limitations issues for work performed 6 years ago. I will explain that below.

An agreement must contain four essential elements to be regarded as a contract. If any one of them is missing, the agreement will not be legally binding.
1. Offer
2. Acceptance
3. Intention (meeting of the minds)
4. Consideration (fair value exchanged)

For breach of a contract, there is a material breach (goes to the very heart of the matter) and an immaterial breach (money damages will help compensate the plaintiff).

In cases of material breach, the party not in breach may revoke their acceptance, so goods/payment are returned.

For immaterial breach, the plaintiff is compensated by the defendant paying for the damages (ie cost of repair).

Negligence is defined as a failure to perform with the level of care that someone of ordinary prudence would have exercised under the same circumstances. The behavior usually consists of actions, but may consist of omissions when there is some duty to act. This cause of action has 5 elements: the existence of a legal duty to exercise reasonable care; a failure to exercise reasonable care; harm caused by the negligent conduct; physical harm of actual damages; and proximate cause (reasonably foreseeable damages).

Misrepresentation is when a party does the following: (1) a representation was made; (2) that was false; (3) that when made, the representation was known to be false or made recklessly without knowledge of its truth; (4) that it was made with the intention that the plaintiff rely on it; (5) that the plaintiff did rely on it; and (6) that the plaintiff suffered damages as a result.

Fraud in the inducement is similar, basically misrepresentation designed to entice the buyer to enter the contract. It requires: The defendant made an intentional action, statement, or omission; The misrepresentation was material to the decision to enter into a contrac; The plaintiff reasonably relied on such misrepresentation, and The plaintiff suffered some degree of injury, usually economic harm.

The statute of limitations for breach of contract is 4 years. 42 Pa.C.S.A. §5525(a). It is 2 years for fraud and misrepresentation.

However, the statute of limitations can be "tolled" or paused, essentially, if the consumer, through the exercise of due diligence, could not have discovered the defect. So, for example, if the roof beginss to leak, that would be an indication of something wrong.

Small claims is appropriate for cases under $12,000. Information on that is here.

That is a low cost option on how to seek damages; the main issue would be the statute of limitations issue so it will be necessary to show that the defect was not discoverable for a few years since the statute of limitations is 4 years.

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Information provided is for educational purposes only. Consultation with a personal attorney is always recommended so your particular facts may be considered. Thank you and take care.

Customer: replied 1 year ago.
I am in Delaware County Pennsylvania Media Courthouse Lansdowne Boro issued the permit. I am sorry. I don't have $59. dollars to talk to you. I don't know what to do. The boy who came to fix the roof did not want to touch it the job was so bad that the pirate Chad Storm Team did. It was not done to code and nobody cared. I can see the side of my roof being gnawed away. Every night I hear animals gnawing in the roof. I don't have money to get a new roof. I used my disability check to put a down payment on this house in 2005. David Masemeur C

I'm actually not set up for telephone calls at the moment.

The only remedy would be to pursue the causes of action above in civil court; one can attempt to negotiate for the roofer to handle the repairs, but that is unlikely without a court order.

Here is a link to free legal resources- you can see if they have any services; keep in mind that small claims is low cost and they can even waive the fees-here is information on that.

Customer: replied 1 year ago.
what type of law is this? I don't know what category it is?
Customer: replied 1 year ago.
Thanks for trying to explain this to me. What is the story on having permits and inspectors when nobody inspected the job anyway.

These types of issues are "consumer protection law".

You are welcome; I know how frustrating this can be especially when it is one's home.

that's the problem; the contract with the roofer would have stated who is responsible for getting permits/ inspections. Normally the contractor is responsible for contacing and scheduling the inspector after the permit is pulled and the work is being performed. So it would fall back to the contractor- which would be where the very problem started in the first place. The inspectors don't come out unless they are scheduled (they don't keep track of permits to that degree).

Some states have passed legislation that is more protective of homeowners, particularly in regards ***** ***** hail, and emergency situations, but unfortunately not all of them; and it is usually the most vulnerable people taht sufer from this type of deceptive business practice.

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