Legal Question in Real Estate Law in Florida

Remedy for leaky roof repairs.

FACTS: Prior to buying house had inspection; it

called for roof repairs; after closing, found the

repairs to be inadaqute; Roofer claims his repair

is good and not the cause. The sellar claims no

responsibility. The title company did not escrow

for the repairs, even though contract allows for

such. Homeowners insurance claims no repairs are

authorized to cover mildew and because two rooms

are involved, it would be two claims.

Q.What can I do to get our roof fixed?

A. First, mitigate damages by hiring a good roofer

to repair any problems and get a warranty; then

worry about who is responsible to pay. Have the

second roofer give an opinion as to cause. If the

first roofer's fault, give a chance to pay, and if

refused, then sue.

Title co. had no obligation to escrow unless

demanded by you. Ins. generally doesn't cover

maitenance and repairs. Generally, new Ins. is

issued "as is"; besides Seller disclosed or you

discovered leaks and they were repaired

sufficiently that you closed. If there was any

doubt, you should have gotten a warranty or

checked the repairs before closing or demanded a

sum be escrowed for 30 days. From the facts

recited, the seller didn't do anything wrong.