Need advice please, legal issue or am I dead in the water?

[twotonevert]

Last year in October I had a roof put on the house by a company that has been in business for over 40 years in Tulsa. I supposedly had a lifetime workmanship warranty. I just found a leak in one of the valleys and came home today to find water dripping through the sheet rock and into the carpet. Called the company and they said their warranties will not be honored because the owners closed the doors and sold the company. The new owner of the company will not honor the warranty either. I had an independent contract look at it and its a minimum 750.00 to repair because the valley was not put in correctly. The guy that sold me the roof will be here tomorrow at noon to look at but will charge me to repair. There is obviously not any water or ice barrier in the valley per contract terms. So I have a leaking roof that was not installed correctly with a business that will not cover the repairs as promised during the sell. What to do? Hiring an attorney will cost me more in a retainer than just fixing the roof. This just seriously pisses me off, I dont have a grand to spend on this right now. Any thoughts?

 

[BusaBret]

but I hope you get it straightened out!!

 

[Blanca BusaLess]

Act nice and tell him ok and then write him a bad check.
When he calls to ask why the check is bad tell him you went out of business

 

[jphilipson]

If it's the "same" business that was sold, then the Corporation is the same, and the Company has to honor the warranty, not the people who own the company. I would get the BBB involved if nothing else.

 

[twotonevert]

If it's the "same" business that was sold, then the Corporation is the same, and the Company has to honor the warranty, not the people who own the company. I would get the BBB involved if nothing else.

Thats the thing, the company that put the roof on is no longer in business under the same name. The closed the doors and sold the company. No affiliation with BBB with the new or old company.

 

[Twobrothersbusa]

Man what a mess. It is just my take, but you would never improve your situation with a lawyer. (Unless you really don't care about the cost and want some kind of justice) Sounds like the cheaper route would be just pay to get it fixed yourself. I'm kind of spiteful, so there is no way the company that stiffed me (sold or otherwise) would ever get another penny of my money. Good luck.

 

[m_ridgeway]

thats one reason warranties dont sway me none when purchasing anything, warranties are pretty much worthless in todays loopholes of nonsense.

your financially best bet is to fix it.

if you have a moral issue and the money doesnt bother you sue them, they will have to pay, but depending on a bunch of legal crap will be if you actually get paid. the second half of a lawsuit is getting the money. if for say he sold the company at a loss, you agreement is with the company therefore he "personally" doesnt owe you a dime.

you may be able to sue him in small claims court, talk to a lawyer or two, the first consult is free, and they can give you advice of what his legal obligation his. my mom just had a contract of repairs that were to be done on a house she purchased go up because they did not fulfill it, in the end it was cheaper just to get it done herself vs fighting in court over it and her repairs were about 3500 iirc.

 

[BusaWhipped]

Man what a mess. It is just my take, but you would never improve your situation with a lawyer. (Unless you really don't care about the cost and want some kind of justice) Sounds like the cheaper route would be just pay to get it fixed yourself. I'm kind of spiteful, so there is no way the company that stiffed me (sold or otherwise) would ever get another penny of my money. Good luck.

+1. Get him to come out to give you a free estimate for the repairs, then go with another company.

 

[jphilipson]

Did you pay for the roof yourself, or was it an insurance claim? If the latter, keep in mind that ins. companies have their own lawyers, and have a stake in this as well. If your house is leaking, they are at risk as well. So if the roof was paid for by them, can also contact them too.

 

[skydivr]

"The warranty is only as good as the company making it"....100% True. Lick your wounds and learn your lesson. Always check the BBB rating of an established roofer, free and well worth the effort.

You won't be able to put a complaint on BBB for the new company, especially if none of the original owners are involved in the new company. But I'd be damEd if I'd let the 'New' one do it. I'd still let the salesman (the same one you say?) come over and make a quote, and after you waste his time, look him square in the face and tell him that there is NO WAY IN HELL that you'd ever let him touch your roof again as you don't see him standing up for the RIGHT THING for only $750. They COULD honor it if the choose to, and by doing so ensure your 100% satisfaction and would state so on the new company. Also make sure the salesman understands you will be sure to state clearly your dissatisfaction on every local rating website you can. If you scare him bad enough, you could decide to compromise, but your choice.

The new owners are legally not required to honor anything, but if they want to be around 40 more years, they should have thought of that when they bought the old one out.

 

[twotonevert]

Did you pay for the roof yourself, or was it an insurance claim? If the latter, keep in mind that ins. companies have their own lawyers, and have a stake in this as well. If your house is leaking, they are at risk as well. So if the roof was paid for by them, can also contact them too.

Nope, had to pay cash for the roof because the insurance company would not cover it. Dont get me started on that story.

 

[twotonevert]

Thanks for letting me vent guys, I was sick to my stomach when I came home and found it. I propped a bucket under the leak yesterday and it filled up and ran over, hence why I had water in my floor when I got home. I will see what happens tomorrow. I do happen to have some pretty influential neighbors that have all used the same company I did, I will see what I can do to stir things up a bit.

 

[twotonevert]

+1. Get him to come out to give you a free estimate for the repairs, then go with another company.

That is pretty much what is going to happen. Just irritates me to no end. I know that you cant take most peoples word anymore, but this was a contractual agreement that is worthless now.

 

[Tufbusa]

Sadly, skydivr is nuts on. You may just as well fix he leak yourself and call it a day. Getting an attorney involved is only going to benifit the attorney. Even if you get a judgment against the original owner if he has filed bankruptsy you have absolutely no chance of collecting a single dollar.

Like skydivr says, the contract and warranty is only as good as the man who signs it.

Get that leak plugged before you end up with mold, mildew and termites (All three love damp wood) which will all increase the cost of repairs beyound the leak.

 

[smac]

I feel your pain, I just had to put a new roof on my house (36 squares and 2 story) just to get the insurance company to cover me.... I HATE insurance companies!!!

 

[MoeMar]

Is the new owners using the same name? I would said fix it then go after the old or new owners in small clams... no lawyer needed. you may get the fixing fee back.

 

[fiend]

What business was it James? If you don't mind me asking. There are so many loopholes in this day and age you can sign a contract and they not acknowledge it the very next day.

 

[twotonevert]

This was Superior Roofing in Tulsa. Supposedly now CPR Roofing.

 

[Blanca BusaLess]

This relates to a couch but is right on your question:

What happens to a warranty when the company you purchased it from goes out of business.? - Yahoo! Answers

Found this on a roofers blog:

Roofing Warranties

James read this and then find out what kind of warranty you have. It seems there are warranties direct from the roofer or warranties from the shingle manufacturer thru the roofer. If yours is the latter you may be ok lease:

Philadelphia Roofing Company Warranties: Asphalt Shingle Roofers Warranties with Russell Roofing | The Roofing Warranty for Peace of Mind


Shame your not closer. I'd have a Cuban crew there tomorrow with shingles and Coronas

 

[twotonevert]

Thanks for the link Blanca. I have 30 year manufacturer warranty on the shingles, and had a lifetime workmanship warranty on the labor. I did my research and selected a company that had an A+ rating with the BBB. I paid more than other bids so I could use this company. Just my luck I guess, not much else to do but get a hard quote to get it fixed.