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JGM, Solicitor
Category: Scots Law
Satisfied Customers: 12083
Experience:  30 years as a practising solicitor.
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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: 2 years ago.
Category: Scots Law
Expert:  JGM replied 2 years 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.