Legal Question in Real Estate Law in Pennsylvania
Who is responsible for faulty certifications at the time of settlement.
I bought a house during the summer and I do not have a roofing certificate at all guaranteeing the roof. Six months after I bought the house the roof caved in. I received 3 estimates of approximately $1,700.00. The broker has no roofing certificate in his paperwork, the other broker for the seller has no roofing certificate in his paperwork, but claims there was a certficate. I called the place we made settlement and they do not have a roofing certificate in their paperwork. I believe I was misrepresented by my broker and the sellers broker. My broker claims that he took care of all of this at settlement. But he does not have a document stating a roof quarantee. I feel my broker misrepresented me. What can I do to receive the $1,700.00 I had to spend to get the roof done? I feel someone is responsible for this and I do not think it is me. Can you give me some advice?
1 Answer from Attorneys
Roofing Certification on home purchase
Responsibility for giving certifications of systems would be controlled by the Agreement of Sale. If the Seller was supposed to provide certifications, you or someone representing you should have asked and received them at settlement. Unfortunately, if you do not insist on your rights at settlement, once settlement is completed, you have given up those rights.
Unless the Seller actually warranted the condition of the roof in your Agreement of Sale, or in a Seller's Disclosure that is part of the Agreement, OR unless the Seller knew that the roof was in poor condition but did not disclose that to you, OR if the real estate broker knew and did not disclose that to you, then you would not have any claims against them after settlement. However, if the Seller warranted the condition of the roof, or if either of the Seller of the broker did know that the roof was in leaking or poor condition but did not tell you, you may have a claim for misrepresentation or fraud.
You should consult with a local lawyer for a review all of the documents connected to your purchase of the home. That lawyer can then advise you accordingly.
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