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Joined: 08/08/2003 Posts: 6670
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What's this?

I understand why he is upset

According to him everyone on the street got a new roof, except him, from their insurance coverage. Due to the sale timing he personally doesn't have coverage - wasn't his house at the time - and therefore he'll have to replace it out of pocket. I don't know this in his case, but a lot of "hail damage" doesn't cause leaks, or even cause damage readily visible from the ground - it can reduce the life of the roof. Now, he may or may not have a damaged roof, but to even determine if it needs repair/replacement he has to spend money on something that likely isn't causing a currently pressing problem. That sucks.

I do commercial/institutional building forensic investigations and design work. After a hail storm roofers flood the affected area and tell people they have significant damage - some true, many not. For the insurance company to confirm this they either have an adjuster visit the site - many of whom don't actually access the roof due to logistics and therefore don't have the information required to make an accurate determination of the damage, or they have to hire an unbiased inspection/engineering firm - which can be a significant cost compared to the average cost of a residential roof.

Several insurance companies have calculated the costs associated with processing these claims, hiring the engineering/inspection firm, paying the legitimate claims, quantifying damage associated with the storm (i.e. some legitimate claims for repairs versus total replacement) negotiating with each individual home owner, etc. and have determined that for average size houses it can be more cost effective to just use historical weather data for that storm (that is available down to the street by street level) and cover a roof replacement claim for homes within the area they deem affected and move on. They take a very hard line on anything outside that area - and most homeowner's won't pursue it if they have to pay inspection costs unless they truly have active leaks/visible problems.

[Post edited by RTFC at 05/23/2019 10:57AM]

(In response to this post by reestuart)

Posted: 05/23/2019 at 10:54AM

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Current Thread:

Litigation rant -- HokieMacDaddy 05/22/2019 1:54PM

I read a lot of this but gave up...still think your beef should be... -- JoesterVT 05/22/2019 9:23PM

Is disclosure vs. disclaimer still a thing in real estate? -- Tafkam Hokie 05/22/2019 8:06PM

Define -- RTFC 05/22/2019 8:42PM

Problem with the carpet is they're only liable for whatever the remaining -- Hokie Bird 94 05/22/2019 6:33PM

I have proof Previous owners of my house -- HOKIE 05/22/2019 6:07PM

Obviously no walk thru before closing! Your Bad! :) ** -- grill to chill 05/22/2019 4:03PM

Right, cos we're that stupid -- HokieMacDaddy 05/22/2019 4:14PM

Your post may you seem that way, if the shoe fits, wear it :( -- grill to chill 05/23/2019 2:15PM

Well the sad reality here is that you stand a reasonably sure chance of -- PhotoHokieNC 05/22/2019 4:46PM

Again, your opinion -- HokieMacDaddy 05/22/2019 4:52PM

You still have not told us what kind of damage was even done to the roof. ** -- HokieFan14 05/22/2019 5:04PM

Since you have no real estate attorney background, and apparently very -- PhotoHokieNC 05/22/2019 4:56PM

I have listened, I just don't agree -- HokieMacDaddy 05/22/2019 5:08PM

What you have listened to -- RTFC 05/22/2019 6:29PM

The whole roof thing is odd. Several posters have asked very -- reestuart 05/23/2019 09:53AM

I understand why he is upset -- RTFC 05/23/2019 10:54AM

You're not using common sense or doing any simple research on your own. -- HokieFan14 05/22/2019 5:20PM

This would be Civil court so the burden of proof is much lower. ** -- VTENGR 05/23/2019 08:26AM

Beyond a reasonable doubt? ** -- RhinoVT 05/22/2019 5:26PM

No, I'm not telling you that. Or telling you what a message board is. -- PhotoHokieNC 05/22/2019 5:11PM

Then I really don't understand what your point was ** -- HokieMacDaddy 05/22/2019 5:13PM

I'm surprised they offered to pay anything for either, TBH. ** -- reestuart 05/22/2019 3:39PM

Wonder why their insurance didn't fix the roof..weird.. -- capitals1 05/22/2019 3:36PM

Because the owners never made a claim -- HokieMacDaddy 05/22/2019 3:38PM

I think your real estate agent dropped the ball on that issue. ** -- 48zip 05/22/2019 3:41PM

How so? -- HokieMacDaddy 05/22/2019 3:44PM

Who owned the home when it hailed? -- 48zip 05/22/2019 3:50PM

No reason for the deal to fall through prior to closing since we didn't -- HokieMacDaddy 05/22/2019 3:56PM

If there was damage, there was a reason to lower the price! ** -- 48zip 05/22/2019 5:51PM

How bad was the damage that the sellers didn't get the roof repaired? -- reestuart 05/22/2019 5:12PM

This is what I can't understand -- HokieMacDaddy 05/22/2019 5:15PM

Yeah, but what was the damage? If it didn't cause leaks, maybe they -- reestuart 05/22/2019 5:23PM

You keep avoiding the question. In what way was the roof damaged? -- HokieFan14 05/22/2019 5:22PM

Seller can make a serious and legit claim that your inspector, if he'd -- PhotoHokieNC 05/22/2019 4:17PM

Perhaps true, but doesn't negate their duty to disclose ** -- HokieMacDaddy 05/22/2019 4:20PM

Sellers often see their homes as so normal, even cat pee doesn't stink. ** -- PhotoHokieNC 05/22/2019 4:27PM

Doesn't matter if it stinks or not, a judge will laugh MacDaddy out of the -- HokieFan14 05/22/2019 4:32PM

Again, unless you can prove they were given a report of actual damage -- HokieFan14 05/22/2019 4:23PM

They sound really stupid haha..sorry that happened to you. ** -- capitals1 05/22/2019 3:41PM

Did they affirmatively try to cover up the damage or outright lie to you? -- ModerateHokie 05/22/2019 3:24PM

Curious what you would have done differently ** -- HokieMacDaddy 05/22/2019 3:37PM

First, ask whether there were any pets -- call the question, in effect. -- ModerateHokie 05/23/2019 10:57AM

Couple questions -- RTFC 05/22/2019 3:03PM

I think any reasonable person would conclude these were major defects -- HokieMacDaddy 05/22/2019 3:18PM

"They had multiple reports..." -- Beerman 05/22/2019 5:07PM

That's wrong too -- HokieMacDaddy 05/22/2019 5:11PM

Advised by a door to door roof salesman? - that'll hold water. -- RTFC 05/22/2019 7:42PM

Yeah, I didn't even notice that part. How were they advised? Did they -- reestuart 05/23/2019 09:24AM

Your attorney is a thief! He/she is dead wrong. ** -- HokieFan14 05/22/2019 5:24PM

You don't have to prove they knew anything? That doesn't make sense. ** -- reestuart 05/22/2019 5:15PM

+1. A 10 second google search shows you ALWAYS have to be able to prove -- HokieFan14 05/22/2019 5:25PM

Advised by whom? ** -- Beerman 05/22/2019 5:13PM

I'm not an attorney, but I don't see that you have a case at all. -- HokieFan14 05/22/2019 3:57PM

That's probably why you're not an attorney -- HokieMacDaddy 05/22/2019 4:02PM

Burden is on your to prove they not only knew, but covered it up. -- HokieFan14 05/22/2019 4:13PM

You're wrong -- HokieMacDaddy 05/22/2019 4:18PM

Is this your first time purchasing a home? You don't seem to understand -- HokieFan14 05/22/2019 4:22PM

Air fresheners are a dead giveaway that they are hiding something. I looked -- 81_Hokie 05/22/2019 5:38PM

Hardly, -- RTFC 05/22/2019 7:47PM

Bread and cookies, not overpowering air fresheners ** -- 81_Hokie 05/23/2019 06:45AM

A fresh scent to some is overpowering to others - see perfume or cologne -- RTFC 05/23/2019 09:49AM

Eh, some people burn those things like they're going out of style. ** -- reestuart 05/23/2019 09:25AM

Yep, as long as you don't have obnoxious air fresheners, it definitely -- HokieFan14 05/22/2019 9:50PM

Thanks for your opinion -- HokieMacDaddy 05/22/2019 4:27PM

I'm not trying to be an ass, just giving you an honest opinion that -- HokieFan14 05/22/2019 4:36PM

Did you practice law in Utah? ** -- RhinoVT 05/22/2019 4:43PM

It is all in the details... -- RTFC 05/22/2019 3:48PM

I didn't know about it beforehand - only after from talking to -- HokieMacDaddy 05/22/2019 3:57PM

Was the "as is" box checked on your contract? If so, you may be screwed. -- 48zip 05/22/2019 3:44PM

No - they definitely had duty to disclose ** -- HokieMacDaddy 05/22/2019 3:45PM

Id look into pursuing sellers agent before the sellers -- One4VT 05/22/2019 2:48PM

I have one question .. who reads the Sunday paper?:) ** -- capitals1 05/22/2019 3:32PM

No inspection prior to closing? ** -- PhotoHokieNC 05/22/2019 2:35PM

For inspections unless it is a big glaring problem it is not -- fordham 05/22/2019 2:44PM

Inspector was an idiot - probably have a case against him too ** -- HokieMacDaddy 05/22/2019 2:36PM

Inspectors find the cracked sidewalk. Whoopdie do. ** -- TomTurkey 05/22/2019 5:28PM

Good luck. ** -- PhotoHokieNC 05/22/2019 2:38PM

"Moose, Rocco, help the judge with his wallet" ** -- Brown Water 05/22/2019 2:21PM

When you win, they should have to cover your court/legal fees. ** -- D-Day 05/22/2019 2:21PM

Sure, but how do you force them to? -- HokieMacDaddy 05/22/2019 2:25PM

Subpoena? ** -- Brown Water 05/22/2019 2:48PM

Leg breakage? ** -- PhotoHokieNC 05/22/2019 4:20PM

Poena. That's a funny word. ** -- Stork 05/22/2019 3:54PM

Up to your lawyer. Add the amount to the lawsuit. Judge can garnish wages ** -- D-Day 05/22/2019 2:29PM

Holy cow you people have no idea what you are talking about. ** -- ModerateHokie 05/22/2019 3:26PM

I sued a landlord who did not return my security deposit. -- D-Day 05/22/2019 3:51PM

Which is normal and the guy was prob. not trying to avoid paying you, if he -- fordham 05/22/2019 5:47PM

It was not normal. Dude was a crook and thought he could get away with it. ** -- D-Day 05/22/2019 7:57PM

Winning a lawsuit is not the hard part, collecting is as -- fordham 05/22/2019 2:37PM

Correct answer, I have done it, most cannot collect on judgements -- VaTechie 05/22/2019 3:19PM

$10-20k is cheap. In failure to disclose litigation..... -- CrystalCoveHokie 05/22/2019 2:15PM

How did you not at least discover the carpet prior to moving in? ** -- vthokieq 05/22/2019 2:00PM

Stains only evident on the bottom, scent covered up by plug-ins ** -- HokieMacDaddy 05/22/2019 2:09PM

Exact thing happened to us - glad plugin + throw rugs - they fooled us -- FfxStationHokie 05/22/2019 2:19PM

They were distracted by the backed up sewer. ** -- 48zip 05/22/2019 2:02PM

I understand why he is upset

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