Quote:
Originally Posted by gap2415
The house was built in 2005 so we added the clause to our offer saying we wanted assurance the roof was insurable. The home inspector said the roof was in great shape and would last another 10 years. We closed with that, called our previous insurance people, sent a copy to them and they gave us insurance but after the hurricane, we saw a couple of shingles on the ground. For safe measure, we had it checked and you know the rest.
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Just for possible back up information a representative from Certainteed( Roof Mfg) told me that a warranty on a home means little 20-30-40 yrs because most roofs only last 15 years and since their stats indicate people move every 6-7 years they never make claim.
so you have two issues 1) this roof is now 12 years old
2) according to your carrier poorly constructed. This means that depreciation is going to be applied to any settlement and based on its warranty be it 20 30 40 years
Based on your comments you do not have written but spoken assurances.
Pivotal in this issue is going to be the realtors opinion vis a vis the carrier's opinion as to the utility of this roof. It may require that 3rd party inspector be brought in that is agreeable to both sides to decide.
Expenses wise it may be beneficial to mediate this dispute before going through a long drawn out and expensive lawsuit . There is a a legal rule called spoliation of evidence be sure noting disturbs the roof until everyone connected to this situation has had an opportunity for inspection and possibly re-inspection
It is indeed disheartening that you have to be drawn in to such a dispute and I question, hoping I am wrong, that anyone will come forth and do the right thing.
Personal Best Regards: