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Not sure what type of lawyer to ask this question of but here is the question. I have a home owners policy I have been paying on for 27 years without a claim. I am now selling my house and I am unable to get the asking price which is comparable for the area because of hail damage. The insurance company came out and said there is hail damage, they said they will pay the claim if I put on a new roof but the potential buyer does not want to wait but is unwilling to pay full price because of roof. I told insurance company that they need to pay the claim even though if I don't put a roof on to make up for the lower price. They said no I have to put a roof on or not pay. Now I have a conundrum

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

AZ

Lawyer's Assistant: Has anything been filed or reported?

I did have them go out to look at it because I kept getting told there is hail damage so yes they opened a claim.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

And yes there is hail damage.

Submitted: 10 months ago.Category: Legal
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Answered in 3 minutes by:
9/26/2017
Lawyer: Gerald, Esq, Lawyer replied 10 months ago
Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 5,453
Experience: Over 30 years of experience
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Hello,
Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

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Lawyer: Gerald, Esq, Lawyer replied 10 months ago

Hello,

Thank you for your patience and thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow-up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

Unfortunately the insurance company is correct. They will pay for the repair but the reduced value is not covered. I understand your frustration.

If I may suggest (this comes from a person who has bought and sold many properties over the years) have the roof repaired. If the buyer does not want to wait for the new roof don't worry. Another buyer will come along soon enough and you will get as good or better a deal.

I suspect that the buyer is just using this as leverage figuring that he can put off replacing the roof and is just low balling you. If he really wants the house he will wait. Also contact a few roofers. In Arizona you can get a new roof put on pretty quickly.I understand that this is not exactly what you had hoped to hear, but I would not want to mislead you into pursuing something that is just going to take up more of your time and money.

I hope the information I provide is useful to you. I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow-up questions, feel free to ask.

If you ask a follow-up question and I do not respond immediately, it is because I am temporarily unavailable. I promise to respond as soon as I return. Please note that I am often unavailable Friday evening through Sunday.

Please do not forget to give me a positive rating. It adds nothing to your costs but helps me greatly. Thank you.

If you are dissatisfied with my response, PLEASE let me know before giving me a negative review so that I may try to be of better assistance. Or, if you prefer, let me know and I can “Opt Out” and your question can be re-posted without additional cost to you. I will be fair to you, and only ask the same from you.

Good luck.

Please note: Information is educational and not given as legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Kind regards,

Gerald

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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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