Profile picture for user2211785

subpar repair found after closing

We bought a house recently.

The Seller agreed to REPLACE the roof.

Before closing, we were told that the roof has been replaced and we saw the invoice which said:

1) Replace 30 yr shingles

2) Install 30 yr shingles

After the closing we found that the new roof is a layover.

That is the new shingles were put on top of the old ones.

Is there anything we can do about this?

  • December 13 2013 - US
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Answers (7)

Profile picture for sunnyview
No point in going to court to lose and you don't have what you need to win. You need to find out if the job is actually subpar or not. The simple fact that it is an overlay does not automatically make it subpar. 

Any court will go by your contract period. Unless you specified tear off and replace or unless the work done was outside of your local Code or professional standards, you are unlikely to win. See if the roof is truly subpar then decide if you can win in court. If you have no hard proof just dissatisfaction about the layover, you probably have no case.

Your best bet in that situation is to make sure that your vents and valley are well sealed while the roof is still pliable enough to work with. I am sorry you did not get what you expected, but it happens. I am curious though. Did you get a home inspection and did you agent advise you how to write the roof replacement into your contract with the seller (ie requiring work by a licensed roofer or specifying the lifespan of the shingles)?
  • December 14 2013
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YOU should have noticed this on your 'walk through' Thats was a walk through before closing is for....

Your option now is a legal one, you sue in small claims court (or other) to have the seller do what they said they were going to do. A judge (or arbiter) will now decide the result. 
  • December 14 2013
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Profile picture for Dennis Evans

Caveat emptor,  This is the term "buyer beware" in Latin and is used quite frequently in Real Estate... You should always inspect what you expect and this really should have been addressed at the time... with that said, you may want to consult your attorney as yu may have some legal grounds.... Only the best to you... so sorry you have had this problem..

  • December 14 2013
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Is it leaking?
  • December 13 2013
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Hmmm. So you were thinking, "they'll tear off the roof, put 30-year shingles on, and then in 2050 or so, I can throw a second layer up on there." Makes sense.

Only an attorney can advise you of your legal options; there is no way that the former owner is going to voluntarily write a check to tear off the roof now.

Let me ask you: what was your intention when you found out that the roof was at the end of its life? Did you mean for it to be torn off, or did you mean for the roof to provide for thirty years of satisfactory service?

  • December 13 2013
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Profile picture for sunnyview
No. It is common practice by many roofers to do a layover instead of a tearoff with no more than 3 layers total. If your contract did not specify a tearoff and replace, you probably have few options.

An overlay roof done right will last almost as long as a primary roof as long as the valleys, flashing and vents are in good condition or well sealed. If you are suspicious of the job that was done ask for the name of the contractor that did the installation and consider having a roof inspection done to address any issues now. It is much cheaper to address any small issues that might exist.
  • December 13 2013
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Profile picture for wetdawgs
Did you specifically get agreement (in writing) that the roof would be a tear off ("replace" doesn't mean tear off)?   If not, you may have got what you agreed to.    Did you inspect the work before closing?

  • December 13 2013
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