My husband and I purchased a home in November 2017. The seller had originally signed a change of terms stating that they would replace the roof, and at the last minute, said they couldn't do that and provided us with a roof certificate stating from a licensed roofer that the roof was good for 10 years. After the first rain, the roof leaked. The roofer who issued the certificate came out twice to assess, and completed minimal repairs that didn't address the issue and is now telling us that they didn't certify that part of the roof, and the the certification doesn't certify the roof for rain, and we never signed a second change of terms with the seller. Do we have any recourse to take legal action against either the seller or the roofer who provided this certificate
The question is after everyone signed the addendum to the agreement, what were the terms agreed upon that changed the addendum to seller providing a certificate? Did seller make any representations or warranties about the roof? What was disclosed in the Seller Disclosure Statement?
As far as the roofer, it will depend on what was stated in the certificate. It appears you did not have a contract with the roofer and if there was none, you don't have privity to make a claim on that ground. Were you a third party beneficiary? Did you have discussions with the roofer?
There are many issues that need discussion.
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