Legal Question in Real Estate Law in New Jersey

Buyer is suing........

I sold my house last year and am now being sued by the buyer for a new roof. During the home inspection the inspector stated that the roof needed to be patched in certain places. I hired a roofer who came in and patched the roof. At settlement the reciept for repair was presented to the buyer and the buyer signed off on the agreement of sale, stating that all repairs were made. Now her lawyer is stating that she was told that the roof would be replaced and that it wasn't. She is suing for the cost of a new roof. I was going through a seperation at the time. My ex-wife was living in the house and her and I were working through the real estate agent, as we were not on speaking terms. I never met the buyer or spoke to the buyer until settlement. All contact was made by my ex-wife and the agent and they both are in agreement and have the documentation supporting what the inspector said and what the roofer did. We are also being accused of fraud. How is it fraud when I was just doing what the inspector told me to? Is the roofer responsible? I am being told it is a he said she said case, what is the best course of action at this point? Money for a lawyer is an issue. HELP!!!!!!


Asked on 4/03/07, 10:00 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Buyer is suing........

This is difficult to answer without seeing written documentation. If the home inspection report stated that only patching, not a new roof, was required, the roofer complied with the report and the buyer accepted this at closing (all in writing), that should be sufficient to defend the claim. One cannot prevent someone from suing, but just starting suit does not mean one will win. Depending upon the amount of the claim, you may be able to defend yourself, although having an attorney would be better.

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Answered on 4/03/07, 10:47 am


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