How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask JGM Your Own Question

JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 10093
Experience:  30 years as a practising solicitor.
31090051
Type Your Scots Law Question Here...
JGM is online now

I bought a property in June which had had a new roof put on

Customer Question

I bought a property in June which had had a new roof put on it by the seller. On the property questionnaire it stated no guarantees came with the roof. However 6 months in I have had significant water damage and the insurance company surveyors are stating that the join between the neighbours roof and mine was never fit for purpose e.g. the gap had been filled with mortar and not typical fibre or lead eaves which filter the water down to the gutter. This is standard practice and the insurance company are not paying my claim as they say the work was not to the required standard. I have a few problems
1) the seller has not yet came back to me with the roofers name and contact. Am I entitled to this?
2) Should the home report have highlighted something so obvious and visible to the naked eye?
3) Does the seller have any responsibility to ensure work carried out was to a safe/compliant standard?
Submitted: 10 months ago.
Category: Scots Law
Expert:  JGM replied 10 months ago.
Thank you for your question.
As you didn't instruct the work, it shouldn't be excluded from your insurance policy unless the is a specific exclusion. You should read your insurance policy. If there is nothing in the insurance proposal (given when you changed address) which would exclude indemnity, then the insurer is wrong to refuse the claim. That is the most important point in the answer I am giving you today.
Answers to your questions:
1. The contract between you and the seller is contained in the missives of sale. If there is no obligation in the missives to tell you who the roofer is then you aren't entitled. Your solicitor will give you a copy of the missives if you don't already a have a copy.
2. Possibly. You would need an expert report from another surveyor to say whether a solicitor of ordinary competence should have raised this in a Home Report.
3. No.
I hope this helps. Please leave a positive response so that I am credited for my time.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
< Last | Next >
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    4
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/MS/MsAM/2012-6-9_16426_anna.64x64.jpeg Anna's Avatar

    Anna

    Teacher, writer, biologist

    Satisfied Customers:

    270
    Great research skills, variety of work experiences, teaching experience.
  • http://ww2.justanswer.com/uploads/PD/pdheslin/2012-6-6_232056_pambig.64x64.jpg pdheslin's Avatar

    pdheslin

    Consultant

    Satisfied Customers:

    51
    20+ years of internet site creation and search engine optimization. Dozens of search tools at my disposal.
  • http://ww2.justanswer.com/uploads/BL/blueflowers1063/2013-10-10_35834_KimHolidays1.64x64.jpg Kim D.'s Avatar

    Kim D.

    Consultant

    Satisfied Customers:

    27
    Researcher 20+yrs in small and large institutions
  • http://ww2.justanswer.com/uploads/NU/nursescare4u/2013-3-31_03429_JApic.64x64.jpg findinganswers's Avatar

    findinganswers

    Internet Researcher

    Satisfied Customers:

    22
    Internet Researcher, Nurse for over 17 years, and can find answers for you!
  • http://ww2.justanswer.com/uploads/PR/ProMBA/2012-6-7_154051_beach.64x64.jpg ProMBA's Avatar

    ProMBA

    Internet Researcher

    Satisfied Customers:

    3
    I'm an owner of three businesses, with both undergraduate and graduate business degrees from top tier universities.