Legal Question in Real Estate Law in Pennsylvania

I am a first time homebuyer. Due to a leak from the roof there was damage in my house. The insurance company will cover the damage on the inside of house but not the roof because they say it is not due to storm damage but installation and wear and tear. The owner claims she had the roof replaced last year November 2010. I submitted an application to go for mediation but she is refusing to mediate. What is my next step? Should I be going after her or the person who repaired the roof? I also need to know how to obtain free legal consul because I can't afford a layer?


Asked on 10/26/11, 5:58 am

2 Answers from Attorneys

John Davidson Law Office of John A. Davidson

You're probably going to have to file a law suit against the previous owner. In Dauphin County that will run about $130 for the filing fee.

You can afford to buy a house but can't afford a lawyer. So you want a lawyer to work for free? Would you work for free?

{John}

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Answered on 10/26/11, 6:25 am
Miriam Jacobson Retired from practice of law

Did you have a home inspection before going to settlement? If it mentioned any doubts or that the inspector wasn't able to inspect the roof, you should have had a separate inspection by a reputable roofer.

You could also go back to the roofer who replaced the roof last year. If you didn't receive any documentation of this from the seller, maybe she will be agreeable to providing you with the paid receipt and any warranty the roofer may have given. If she can't provide this, and if the Seller's Property Disclosure Statement, which you should have received as part of the Agreement of Sale, didn't disclose any information about roof repair, she may have misrepresented a condition of the house, and you may have a claim against her.

Check your agreement of sale - it may provide for mandatory mediation. If it doesn't, after you try communicating with the roofer and seller and don't get answers, you will probably have to sue.

Mr. Davidson is correct - you will need a lawyer for a lawsuit. A home purchase is usually the largest investment people make, and when spending that amount of money, it is folly to go it alone without a lawyer. And, no, the Realtor doesn't "represent" you - they only bring sellers and buyers together.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

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Answered on 10/26/11, 8:43 am


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