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We had a home built. The roof passed inspection but we had a…

Customer Question
We had a...

We had a home built. The roof passed inspection but we had a private inspector come out and was told that the roof was not done correctly. We got an independent roofing company to come out and investigate our roof and tell us what he thought. He came up with the same results that the independent investigator came up with. We are trying to get a third independent roofing company to check out our roof. It seems to us that the County inspector never got up on the roof. There are nails, crap and other stuff on the roof as well as embedded nails stuck in our roof. How do we fight the County because of a bad roof inspection?

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No. We have a year warranty from the owners of the property and they had the house built. Although we have asked them who the roofer was, they will not give us an answer. I believe we have to go through the owner who built the house but we get no answers. Please know that the contractor they used did many things wrong in our home. So that he could make money on the house, the contractor did approx. 90% of the work himself instead of sub-contracting the work. Now, we need many things fixed. For instance...the owners of the property are having a professional painter come to our home on the 8th of January to re-texture the inside of the house and re-paint the whole house interior.

Lawyer's Assistant: Where is the home located?

Customer:***** Missoula MT

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

Not sure.

Submitted: 3 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
12/27/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 10,329
Experience: Licensed to practice before state and federal court
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Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating (click here for more info) so all that means is that you can count on me to help today. Because I want to provide you with the most accurate answer possible, do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.

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Real Estate Lawyer: Legal Eagle, Lawyer replied 3 months ago

So, your cause of action may not be against the county, but rather the roofer and the seller.

This appears to be a case of fraudulent misrepresentation if they knew that the roof was not in good enough condition, but sold you the house anyway warranting that the roof was in good condition. Basically, fraudulent misrepresentation is when someone intentionally makes material statement or makes a material omission that induces someone else to enter into an agreement. The other party can also be held liable for negligent misrepresentation if they state a fact that induces the other party to enter into an agreement without having reasonably checked on the accuracy of their statements. A fraudulent or negligent misrepresentation can lead to the rescindment of a contract in addition to a payment of damages to the other party who was misled. Keep in mind that this is different than what is known as “puffing” in sales terms which generally allows salespeople to give their opinion on a product or service. For example, it’s not against the law to say, “I believe that this product is the absolute best on the market.” The only exception would be if they made misrepresentations to the safety of a product.

You may want to consider just writing a formal demand letter to the previous owner stating that pursuant to your warranty, they must tell you the name of the roofer or else the seller will have to bear the responsibility for selling the home and the shoddy roof. There’s a site that I’ve used in the past where you can find a good template for a demand letter (click here). It only costs $10 and it is way cheaper than litigation. '

What other questions did you have for me regarding this?

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