Legal Question in Real Estate Law in Massachusetts

Re: Rodent Issue and Previous Owner after signing PNS

Without reading your purchase and sale agreement as it relates to the repair or replacement of the roof, it is impossible to know what you should do.

If the roof repair was part of the conditions of the P&S, you may not have to sue the prior owners and file a claim (not a lawsuit) without involvinhg the prior owners. Usually new roofs come with warranties, if the warranty was assigned to you or you were named under it, you can claim directly against the roofer. If not you may still be able to make a claim as a direct third party beneficiary of the agreement.

Without seeing the P&S or the Roofers contract and specs, it is impossible to know if you have a direct claim. Moreover, if the Roofer was not instructed to make the roof Bat Proof and installed a customary and proper roof, you may not have a claim against him either.

The real issue will be from the Roofers point of view what was he hired to do and did he comply with it. From the Seller's point of view what did they do and what were they obligated to do. You might have to sue both and you might not recover from either. You need to see the attorney who assisted you in the P&S and ask him for advice on dealing with the issue.