We have been in contact with the contractor and waiting for over a year for the work to be finished and there is now mold growing in the crawl space and extensive damage to the inside of the house. We have text message communications and timeline pictures of the leak and progressive damage.
anto V. Artusa Jr.Divorce / Separation LawyerJersey City, NJ ·
It depends, suing the builder or the roofer? If the house was old but they claimed it was a new roof when sold, you could possibly sue the seller or contractor (whoever misrepresented the actual condition). If you are speaking about a new contractor to do the work and in the meanwhile, the roof or issue has gotten worse, you need to read the contract. Contact a local attorney asap.
Christopher Edward EzoldHealth Care LawyerBala Cynwyd, PA ·
Before I respond to your inquiry, I must state that we have not spoken, I have not reviewed the relevant documents and facts, and I do not represent you. Therefore, my discussion below is not a legal opinion, but is informational only. Finally, my discussion applies only to issues to which Pennsylvania, Delaware, New Jersey or Federal law applies, unless otherwise specified.
That being said, did the contractor sell you the house, or did the contractor have a contract or an obligation to repair it? Your question is a bit unclear. You should speak with a local real estate attorney ASAP, as you may have limited time to sue under any contract of sale or repair.
/Christopher E. Ezold/
The Real Estate Seller Disclosure Act, which became effective on September 2, 1996, requires almost anyone who sells residential real estate in the state to provide certain information to any potential purchaser before that purchaser signs a sales agreement or lease. This Act applies to any transfer of an ownership interest in real estate consisting of one to four residential dwelling units with certain exceptions. Transactions which are excepted include: (1) transfers by court order (such as may arise during the probating of an estate, in bankruptcy cases, or through eminent domain); (2) transfers through or after mortgage foreclosures or similar proceedings; (3) a transfer made in the administration or an estate or trust; (4) transfers from one co-owner to another; (5) transfers between spouses or parents and children; (6) transfers from corporations or partnerships to their shareholders or partners during liquidation; and (7) transfers of new homes, provided certain inspections are performed and a one-year written warranty is given to the purchaser. The common thread throughout these exceptions is that in each instance the seller is unlikely to have first-hand knowledge of the condition of the property superior to that of the purchasers.
If a sale is not within one of the exempt categories, the Act requires the seller to complete a "property disclosure statement" listing material defects of the property and to deliver a signed and dated copy of that statement to the purchasers before the purchaser signs any written agreement to purchase the property. The disclosure statement must be in the form set forth in the Act, which is designed to ensure that the seller discloses to the purchaser all known material defects of the property. The form first advises the purchaser of the level of the seller’s knowledge of the condition of the property (i.e., whether or not the seller has resided in the property for a significant time). It then addresses those conditions which are most likely to constitute material defects and which may be overlooked by a typical purchaser. These conditions include: the age of the roof and any repairs to it; the condition of the basement, including water leakage; any history of termite or other pests; any past problems with walls, foundations, etc.; any past water or sewage problems; any past problems with plumbing, electrical, heating or air conditioning systems; and other similar factors.
