Legal Question in Real Estate Law in Arizona
Seller's Repairs Are Faulty
As part of our contract, the seller was to fix the rotted wood on the patio roof (an extension of the house). He replaced the rotted wood, but in doing so, he had to take the tarp off the top of the roof to lay the new wood. When we looked at the repairs during our final walk through, the tarp and wood appeared to be fine. However, when the first monsoon hit, we promptly found out that the tarp was not properly secured and it flew off the patio. According to the roofers, blow torching the (tar) tarp down (not nailing) is how the seller should have fixed the patio roof. If I go to small claims (approx $900) to get this patio properly fixed, would I have a case since this happened 3-4 weeks AFTER closing and that the contract stipulated he fix the rooted wood (not the tarp)?
1 Answer from Attorneys
Re: Seller's Repairs Are Faulty
I presume when you speak of the "tarp" that you mean the roof was of asphalt shingles.
Blowtorching is the preferable (and more expensive) method. Impossible to say what the outcome would be in the small claims court, which is conducted by hearing officers who are not attorneys but may have some limited legal training.
Suggestion: Try this theory: The work was not reasonably done in that it should have a reasonable period of warranty of fitness. To have lasted such a short time is not reasonable. Nailed asphalt should not have so easily blown off being so new, so I suspect it was shoddy work even for nailing. Get a roof expert to examine it.
Did your home come with a warranty? Some do. Can you claim under that? Some real estate firms offer that on homes. Next time, get a better realtor or consult with legal counsel. You may be trapped by the insufficient wording of your contract.
Good luck,
James D. Jenkins
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