Roof leak on porch could become legal problem
Q: My wife and I purchased our first home a few months ago. Over the past few weeks, we have experienced the roof leaking on our screened-in porch when it rains. We had an inspection done before we bought and the inspector did not note anything regarding the roof. The roof also did not leak at all during a number of storms after we bought.
We had two roofing contractors out and they both tell us there are a number of problems with the roof construction. They both tell us no reputable contractor would have built the roof this way. It also appears there is no way to repair the roof and to correct the problem properly; the roof must be torn off and redone. Cost estimates are $3,500 and up.
We know the people who sold us the house built the porch because it is only a couple of years old and they owned it for more than 10 years. We also know one of the sellers was pretty handy and we suspect he did the work himself, but we don't know for sure.
My wife went to the village hall to determine if permits were obtained to build the porch and it does not look like any permits were pulled.
We love the porch and it was one of the selling points of this house, but we don't have the money to fix the roof. Also, we are being told the longer we wait to do the repair, the more damage is being done to the interior structure. Do we have any kind of case against the seller or the inspector?
A: If you used the Multi-Board Residential Real Estate Contract commonly used in this area, you likely have at least one basis for a lawsuit against the seller. Paragraph 22 of that contract provides that the seller represents he has no knowledge of any improvements to the real estate for which permits were required but not obtained.
Obviously, permits are required to build a screened porch so, if you can establish the porch was built during the seller's ownership and that permits were not obtained, the sellers have arguably breached the contract.
If a different sales contract was used, review the contract to determine if a similar representation was made by the seller. Also, many attorneys add a similar provision to their attorney review letters, so also review the correspondence between the attorneys prior to closing.
Presuming this representation was made by the seller, I would obtain two quotes from reputable roofing contractors for the repair. I would then have your attorney contact the seller's attorney and describe what has occurred. I would have him or her include the repair quotes. Presuming the contract contains a provision for attorneys fees to a prevailing party in any litigation involving the transaction, make sure that is pointed out in the correspondence.
Of course, none of this guarantees the seller will cooperate in making this right. However, you want to contact the seller and/or seller's attorney as soon as possible to document the timing of the roof leaks.
If the seller refuses to pay for or contribute toward the repair, you must then decide if you wish to file a lawsuit. Given the amount of your damages, unless you have a close friend or family member who is an attorney, it will likely not be worthwhile to hire an attorney to pursue this $3,500 repair.
Most courts, however, have a small claims section that is pretty easy to navigate. You prepare a simple complaint alleging what occurred and serve the sellers through the sheriff. The judge will set a court date and you will come in and tell your story. In the event the seller is unrepresented by an attorney, most judges will relax the rules of evidence and it becomes somewhat like "People's Court." If the seller obtains an attorney, you may have to consider hiring an attorney also.
There may be other theories to pursue in addition to the above. I would suggest before you do anything, contact an attorney familiar with these types of matters and obtain his or her opinion.
• Send your questions to attorney Tom Resnick, 910 E. Oak St., Lake in the Hills, IL 60156, by email to tom@thomasresnicklaw.com or call (847) 359-8983.