We purchased a home on September 26, 2018. In the disclosure, the previous owner listed a leak in the roof above the patio and promised to fix it on the day of closing or shortly after. It has now been two weeks and two days, and the seller does not want to properly repair the issue. They have had 4 roofers come out, and all stated that this was an issue that was due to improper construction and it needed to be removed, sloped properly, and then the correct material needed to be put on for the roof (not shingles). Each one told him this would cost between $2,000-$3,000, and the seller states they are only going to stop the leak for the time being. The seller's realtor is no more reasonable and is complaining that the seller would like her to cover half of the cost. Apparently, they are agreeing to a couple bandaid fixes, but not necessarily the recommendations of the roofer which equate to around $1,300 in costs to them. In addition to this, when we purchased the home we were told by the seller that he had serviced the a/c just before closing and it was in working order. It went out two days ago & the whole system has to be replaced for a pre-existing leak/age ($3,200 our cost).
The legal analysis would start with a review of the contract of sale, the property disclosure, and the agreements between the parties concerning the roof repair, and extend to the communications which have occurred.
The legal result could depend on the definition of "repair" or what the parties intended by "repair."
You may be better served by getting the seller to agree to pay you a certain amount of money, and then you add what it takes to get the roof fixed correctly.
The real question is why would you have closed with these important contingencies as having not been first satisfied.
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