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Alex J.
Alex J., Solicitor
Category: Law
Satisfied Customers: 3772
Experience:  Solicitors 2 years plus PQE
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As a condition of purchasing my house, the seller has some

Resolved Question:

As a condition of purchasing my house, the seller has some repair work done to the flat roof. The roof is now leaking again and i believe this is to do with the roofers doing a poor job. The invoice for the work was addressed to the sellers, not me the buyer. Do i have any form of redress against the roofers as the new owner of the property, even though the original contract was made between the roofing company and the seller?
Submitted: 2 years ago.
Category: Law
Expert:  Alex J. replied 2 years ago.
Hi, Thank you for your question and welcome. My name is ***** ***** I will assist you. Your redress will be against the seller, if it was a condition of the sale that the roof be fixed, they have not actually fixed the roof and are in breach. The only way you could pursue the roofers is either a) with the support of the seller or b) if the roofer gave a guarantee that was transferable to you. How long ago was the work done? Kind regards AJ
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Customer: replied 2 years ago.

The work was done 8 months ago. The seller was under an obligation to fix the roof - which i believe would be dischared by them employing the roofer to complete the job. If the work done was defective then I dont see how I can argue that the seller did not fulfil their obligtaion to satisfy the condition and therfore any redress, if possible, would be against the roofer as it is their servcies which have been provided without due care and skill in breach of the sale and goods and servcies act. The roofer states that their work is guaranteed but this is an informal arrangement and isn't documented - is there any scope for argument that this can be/has passed to me?

Expert:  Alex J. replied 2 years ago.
Hi, Thank you. If the seller said they would fix the roof then I would expect that there would not be a re occurrence of the problem after only 8 months. That said if the roofer provided an informal guarantee you should ask the seller to transfer this guarantee to you or contact the roofer and make good on the guarantee. Potentially there may be grounds for you to bring a claim under the Contracts (Rights of Third Parties) Act 1999, however if this Act has been excluded by the roofer's terms and conditions you wont have any right to make a claim and will have to seek the seller's help to enforce the informal guarantee. Kind regards AJ