Roof Repair Issues

[JoE]

Hope this is in the right section.

Basically moved into new place in Jan. Discovered roof leaks which made a big puddle on my ceiling a week before the big storms in KZN. Insurance said they’re not covering it because the batons are not maintained and that it’s my cost. They will cover the ceiling damage though as long as I repair the roof.

Called previous owner to say wtf and he said he didn’t know about it. Agent went on the defensive and attorney used the voetstoets clause to chase me away.

I got a few people to come out to get me quotes (they’re quite busy as you can imagine so I have to wait for my slots). Guy comes out today and while walking on the roof falls through (he’s ok) leaving a hole in my roof which his company fixed but not the damage to my home as a result.

What is evident on this portion is that there isn’t even any sheeting between the tiles and the beams and the roof guys are obviously loving this from a costing perspective.

I’m hoping that somebody can advise me as to how do I proceed from here. My questions are:

1. Do I have any recourse on the previous owner for not disclosing such things or can he just hide away behind “he didn’t know” and the voetstoets clause? Roof guy mentioned something about a cooling off period but wasn’t clear.

2. The damage that the roof guy did should come out of their pocket to repair right?

 

[jezzad]

Chat to an attorney about recourse for the roof. In my opinion it should have been declared on the defect list before purchase.

Can you see any patched up repairs from previous leaks? Painted over areas? That would mean previous owner knew about the leak.

Other than that I feel sorry for you man, buying a house is a terrifying process. Spent all of 15min in mine before I purchased, didn’t check the roof etc. Thank goodness all good.

Let us know how you get on.

 

[JoE]

Chat to an attorney about recourse for the roof. In my opinion it should have been declared on the defect list before purchase.

Can you see any patched up repairs from previous leaks? Painted over areas? That would mean previous owner knew about the leak.

Other than that I feel sorry for you man, buying a house is a terrifying process. Spent all of 15min in mine before I purchased, didn’t check the roof etc. Thank goodness all good.

Let us know how you get on.

That’s the problem. The attorney and agents are dismissive because they’ve been paid and I don’t know any better. I’m gutted because we spent a lot more than we budgeted for this place because we have a disabled child who will benefit from the open spaces this place affords us as he grows up.

 

[Lupus]

Chat to an attorney about recourse for the roof. In my opinion it should have been declared on the defect list before purchase.

Can you see any patched up repairs from previous leaks? Painted over areas? That would mean previous owner knew about the leak.

Other than that I feel sorry for you man, buying a house is a terrifying process. Spent all of 15min in mine before I purchased, didn’t check the roof etc. Thank goodness all good.

Let us know how you get on.

Voetstoets clause sadly, also the previous owner can claim ignorance and he had no issues, you'd have to find evidence that he did and didn't disclose it.

 

[Jehosefat]

Unfortunately unless you can prove that the previous owners knew about the leak and specifically didn't tell you about it you are s**t out of luck. Even if you can prove it, you will likely have to go to court to get your money which will probably not end up being worth it after lawyers fees etc.

 

[Katelknaap]

Unfortunately unless you can prove that the previous owners knew about the leak and specifically didn't tell you about it you are s**t out of luck. Even if you can prove it, you will likely have to go to court to get your money which will probably not end up being worth it after lawyers fees etc.

This might not be what u want to hear, but probably the best advice. Going the legal route is a massive gamble, rather take that money and sort out your roof.
Trust in karma to sort out the previous owner if he knowingly sold u the house like that.

 

[TheChamp]

What other damage did the guy falling through do to your home besides the damage they have already fixed?

 

[Jean Claude Vaaldamme]

2. The damage that the roof guy did should come out of their pocket to repair right?

Did you ask him for a quote and he almost injured himself on a rotten roof? Good luck with getting money or repairs from him.
Get someone to fix it and live with it. You going to spend a lot of time, money and frustration, and probably will not getting anything to show for it.
And I know you say money is tight now, but before you open the next thread in a couple of months. Please get someone with a proper reputation to do your repairs, and not the cheapest quote or guy from the street.

 

[JoE]

Voetstoets clause sadly, also the previous owner can claim ignorance and he had no issues, you'd have to find evidence that he did and didn't disclose it.

That’s exactly what I’ve been advised so basically I have no leg to stand on it seems even though as a structural engineer you’d think these things would be obvious to him.

 

[JoE]

What other damage did the guy falling through do to your home besides the damage they have already fixed?

Fortunately fell directly above a trap door so the roof tiles and pieces of plank mainly went through that area so it’s that portion, the surrounding cornices and walls and the obvious dents on the laminate floor below.

 

[JoE]

Did you ask him for a quote and he almost injured himself on a rotten roof? Good luck with getting money or repairs from him.
Get someone to fix it and live with it. You going to spend a lot of time, money and frustration, and probably will not getting anything to show for it.
And I know you say money is tight now, but before you open the next thread in a couple of months. Please get someone with a proper reputation to do your repairs, and not the cheapest quote or guy from the street.

That’s literally why this guy and the other guys I’ve got to come over to quote me are for. The objective is that I want it sorted properly so that I don’t have this issue ever again. School fees are currently estimated at R80-R140k based on the quotes received.

 

[neoprema]

Hope this is in the right section.

Basically moved into new place in Jan. Discovered roof leaks which made a big puddle on my ceiling a week before the big storms in KZN. Insurance said they’re not covering it because the batons are not maintained and that it’s my cost. They will cover the ceiling damage though as long as I repair the roof.

Called previous owner to say wtf and he said he didn’t know about it. Agent went on the defensive and attorney used the voetstoets clause to chase me away.

I got a few people to come out to get me quotes (they’re quite busy as you can imagine so I have to wait for my slots). Guy comes out today and while walking on the roof falls through (he’s ok) leaving a hole in my roof which his company fixed but not the damage to my home as a result.

What is evident on this portion is that there isn’t even any sheeting between the tiles and the beams and the roof guys are obviously loving this from a costing perspective.

I’m hoping that somebody can advise me as to how do I proceed from here. My questions are:

1. Do I have any recourse on the previous owner for not disclosing such things or can he just hide away behind “he didn’t know” and the voetstoets clause? Roof guy mentioned something about a cooling off period but wasn’t clear.

2. The damage that the roof guy did should come out of their pocket to repair right?

Pretty much EXACTLY the same thing to me in JHB.
R30k later the roof was fixed, but insurance said it wasn't maintained properly and only paid-out R2k for some water damage repairs.

I did speak to the transferring attorneys and they said unfortunately to prove it was due to lack of maintenance from the previous owner is a difficult and long process. Also the couple i bought it from moved to a smaller place because the husband lost his legs so i'de feel bad going after them. I'm just indifferent about it at the moment.

 

[Lupus]

That’s exactly what I’ve been advised so basically I have no leg to stand on it seems even though as a structural engineer you’d think these things would be obvious to him.

Yup doesn't matter, he literally can just say he didn't know about it, and unless you can find proof he did your SOL

 

[JoE]

Yup doesn't matter, he literally can just say he didn't know about it, and unless you can find proof he did your SOL

So I've found pics that the agent took and sent to me which show that the roof had issues (Now that I know what to look for it's kind of obvious). As a structural engineer surely that's his bread and butter and would serve to show that he should know or am I reaching?

 

[Lupus]

So I've found pics that the agent took and sent to me which show that the roof had issues (Now that I know what to look for it's kind of obvious). As a structural engineer surely that's his bread and butter and would serve to show that he should know or am I reaching?

If you have the pictures, it's possible to argue that he must've known, but he could still deny it. You would need to find something like him getting a roof repair company out or something.
I'm in a similar boat, my freaking roof is 6 degrees but with concrete tiles on it, rain gets in all the time, but yeah the previous owner would just say he didn't know.

 

[Katelknaap]

So I've found pics that the agent took and sent to me which show that the roof had issues (Now that I know what to look for it's kind of obvious). As a structural engineer surely that's his bread and butter and would serve to show that he should know or am I reaching?

Could also be argued that since it's so obvious on the photos, that you should also have seen it. Then it's not really a hidden defect anymore.

 

[JoE]

Could also be argued that since it's so obvious on the photos, that you should also have seen it. Then it's not really a hidden defect anymore.

The thing is it’s not my area of expertise but it’s his bread and butter. I’m certain her knew because he was very careful with his choice of words when I called him about it initially but like the guys have stated it’s really difficult to prove this otherwise.

I’m just going to have it repaired properly and hope that there isn’t anything else waiting for me once that’s done.

 

[jezzad]

Im dumbfounded by all of these comments and how little liability the previous owner actually has.

Ethics aside I really thought the pre existing conditions report was in place to protect you as the purchases.

Who actually crawls into the roof / inspects the roof in so much detail when they purchase a property. I know there are inspection companies out there who do this but with the demand for property and “competition” you really dont have time to waste when submitting your OTP. (using Cape Town as an example here)

 

[deweyzeph]

In a civil case you just have to prove on a balance of probabilities that the previous owner must have known about the defect. You don't have to prove it beyond a reasonable doubt like in a criminal case. You could argue that the leak in the roof is so severe that on a balance of probabilities any reasonable person would have known about it before selling the house.

 

[JoE]

Im dumbfounded by all of these comments and how little liability the previous owner actually has.

Ethics aside I really thought the pre existing conditions report was in place to protect you as the purchases.

Who actually crawls into the roof / inspects the roof in so much detail when they purchase a property. I know there are inspection companies out there who do this but with the demand for property and “competition” you really dont have time to waste when submitting your OTP. (using Cape Town as an example here)

It’s ridiculous. The only inspection done on my old place that’s in the process of sale at present is the electrical and entomology compliances of which the guy spent all of 5 minutes doing for the R1,000 it cost me.

From an ethical stand point I made sure that the new owner and myself were present at the time and having redid the place was certain that there are no issues like my current place.

That competition line is what it came down to with my current place as there were 5 other legitimate offers for slightly less than my offer and we really only had a few minutes to see the place with the agent tending to multiple people at the same time.