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a bad roof, a bad inspector and a bad lawyer

 
 
Reply Thu 9 Sep, 2004 07:45 am
My wife and I bought a duplex back in May. We had an inspector come look at the house and he seemed to do a pretty thorough job.

After closing, and a week worth of cleaning and painting, we spent our first night there only to find water streaming down our bedroom wall from the storm outside. We live in the downstairs unit and the upstairs unit was unoccupied so I ran upstairs and found water pouring in through the ceiling, running down the window and wall and all the way to the downstairs bedroom.

The inspector we had never physically went onto the roof to check the condition...he only viewed it from the ground. The problem is that the north side of the roof has an obstructed view due to the close proximity to the house next door. Now the inspector did say that the roof looked older and covered his end in the report by saying it would eventually need replacing. During the inspection he also told us it looked older but didn't think it was leaking and had some life left on it.

We were concerned, so we questioned the buyers about the condition of the roof (before closing) and they told us they had a roofer inspect it and he said it had around 8 years of life left. They could not provide any documentation but we (foolishly) trusted them.

A day after finding out about the leaking roof we had our own roofers (3 of them) come look at the roof (one took pictures for us). They all came to the same conclusion that the damage on the roof was caused by ice and that it was old damage not the kind that happens overnight. The plot thickened when we remembered that the wall that was leaking in the lower bedroom was the same wall that we found to be freshly painted. We questioned the sellers about that also and they said they just thought we wouldn't like the color in there. On closer inspection we also found the upstairs wall painted. We didn't see this before due to the similar color and the fact that the sellers friends were living there and had that section of wall covered with personal things.

Wisconsin has a full disclosure law so we decided to talk to a lawyer about our options. We decided that since we knew the roof was older we wouldn't ask for the full amount to replace the roof ($14,000) but since the sellers lied and led us to believe that the roof was alright and even went through the trouble to try cover it up by painting walls, we were entitled to some compensation.

Since then our lawyer has proved to be either incompetent or simply does not care about our case. We often asks ME what we should do next, offers practically no advice on how to proceed, and makes mistakes in the letters that he writes on our behalf.

My questions are, do you think we are entitled to some compensation and second, is it wise to stick with the lawyer we started with or change ships mid stream and go find a different lawyer?
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Type: Discussion • Score: 1 • Views: 947 • Replies: 8
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joefromchicago
 
  1  
Reply Thu 9 Sep, 2004 08:25 am
Re: a bad roof, a bad inspector and a bad lawyer
jpinMilwaukee wrote:
My questions are, do you think we are entitled to some compensation and second, is it wise to stick with the lawyer we started with or change ships mid stream and go find a different lawyer?

1. Yes.

2. Sit down with your current lawyer, express your concerns about the status of the case and inquire about his plans for pursuing the matter; if you leave unsatisfied, then find someone else.
0 Replies
 
roger
 
  1  
Reply Thu 9 Sep, 2004 08:27 am
Change lawyers, first. Till then, it doesn't appear you will really know what options ande recourse are legally available. Without that knowledge, you will be unable to proceed.
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jpinMilwaukee
 
  1  
Reply Thu 9 Sep, 2004 08:33 am
Thanks Joe and Roger. We had talked to our lawyer and stated the fact that we were unhappy with his performance so far. He seemed to not really care to much about what we thought. I just wasn't sure what kind of message would be sent if we switched lawyers in the middle of negotiations.
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jpinMilwaukee
 
  1  
Reply Tue 16 Nov, 2004 11:18 am
Alright... so this has been dragging on for months now with no real progress what-so-ever. We got rid of the old lawyer and have been talking to others. Most of the repectable ones think that it isn't worth going after them. The pay-off isn't that big even if we win and the money we would spend on court fees and lawyer fees would be clsoe to the amount awarded. One lawyer put it as "Spending good money on bad money."

But I don't want them to get away with this. The husband, I have learned, has gotten his real estate license and is trying to start his own real estate business. Even if we don't win money to cover the expenses on the roof I want this to be on record... perhaps I can save someone else from his dirty dealings... plus I guess I am a vengeful person and would take satisfaction from it.

So to minimize my costs I was thinking about filling in small claims myself. Is this an option? Where do I get started? Or, do you think I should just forget the whole thing... cut my losses and move on?
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Noddy24
 
  1  
Reply Tue 16 Nov, 2004 03:38 pm
I'd go for small claims court. Of course, in many (most?) states just because you win in small claims doesn't mean that the loser is going to pay the money he owes--but the personal satisfaction would be great.
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fishin
 
  1  
Reply Tue 16 Nov, 2004 04:26 pm
You can contact your local court for info on pressing forward with a small claims case. Many courts have a package with all the info you need on how to run through the process.
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ossobuco
 
  1  
Reply Tue 16 Nov, 2004 11:27 pm
Yes, I'd go for small claims myself. I'm sorry that the view is that going for him is not worth it in regular suit, but they are probably right and you don't need to lose more money, and not more personal involvement, which can be debilitating.

On the other hand (rereading your first post) is there a building inspectors' association to complain to or about, at state level?

I have some qualms about building inspections myself.
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jpinMilwaukee
 
  1  
Reply Wed 17 Nov, 2004 08:15 am
ossobuco wrote:
On the other hand (rereading your first post) is there a building inspectors' association to complain to or about, at state level?

I have some qualms about building inspections myself.


Hmmm.. not sure about a inspector association. I've done enough complaining about the inspector to everyone I know though.

Sounds like small claims is the way to go... thanks for all of the suggestions.
0 Replies
 
 

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