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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 36968
Experience:  16 years real estate, Realtor. Landlord 26 years
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I purchased a home 5 years ago. It was a brand new house

Customer Question

I purchased a home 5 years ago. It was a brand new house with a one year warranty.About 6 months after we moved in, our roof started to leak so we contacted the builders and they patched up the leak. 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. I contacted the builders and they did nothing. 5 years later, I because extremely allergic in my home and started breaking out in hives on a daily basis. I know from my past that I am extremely allergic to mold. When I went into the attic to check to see if that leak had been fixed, at least 45 percent of my attic was engulfed in black mold. When we contacted the builders they came to inspect the issue. Without permission, they installed extra vents and said that would fix it and told us to spray the mold with bleach. This did not help. We had to get a new roof rebuilt via home depot. Is there something we can do in regards ***** ***** having to pay what it cost us to build the new roof that we had to put up.
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Barrister replied 11 months ago.

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.

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Can you tell me what state this is in?

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""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. ""

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When you got the home inspection, did they discover the leak in the roof?

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Is there some reason why you didn't take action back before the warranty expired to sue the builder to fix things?

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thanks

Barrister

Customer: replied 11 months ago.
spanaway washington
Customer: replied 11 months ago.
sorry, I didn't mean to not answer all your questions before sending.During the home inspection they discovered that there had been a leak in the roof, or the roof was currently leaking. I responded to that that yes, the leak had leaked prior to this inspection and the builders claimed that they had fixed it and the inspector says ok it's probably just residue prior to fixing the problem. Before the warranty expired, I spoke to the builders and the HOA, they told me that they had undergone bankruptcy and that they no longer to fulfill our warranty because they were no longer had to take responsibility for their work .
Expert:  Barrister replied 11 months ago.

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.

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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.

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thanks

Barrister

Customer: replied 11 months ago.
the thing is... I found out later, it wasn't the roofing company that filed bankruptcy, it was the builders. The roofers are Perkins roofers and that company themselves, were hired by the builders and are still up and running. They themselves have their 1 year warranty and when we spoke with them, they said that they did make a mistake building the roof and that is why they added those extra vets a couple months ago but the one year warranty is up and they can't do anything now. We had to purchase a new roof from home depot and we paid almost 7k for a new roof on a house thats 5 years old. It just seems like that shouldn't be the case.
Customer: replied 11 months ago.
by the way, the house was newly built when I purchased it.
Expert:  Barrister replied 11 months ago.

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..

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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..

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thanks

Barrister

Customer: replied 11 months ago.
is this something we can hire you for to work with us?
Expert:  Barrister replied 11 months ago.

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:

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www.martindale.com

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www.lawyers.com

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They screen their attorneys based on geographic location, area of practice, time in practice, cost and customer reviews.

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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.

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thank much

Barrister