DIY Roof Warranty for Sale of Home


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Old 04-24-18, 12:40 PM
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DIY Roof Warranty for Sale of Home

Hey all,
We are selling our home. As part of the sales agreement, we are putting new shingles on the house. We are doing this work ourselves, and this is not our first, second, or even twentieth roof that we have done. We know what we are doing, and there is zero concern there. Where I have a question, is in what the buyer of our home is requesting. They would like us to warranty the roof installation for any faulty labor or material failure for 5 years. How would a DIYer like myself handle a warranty such as this being requested? Thank you for any input you may have.
 
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Old 04-24-18, 12:52 PM
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I'm not a lawyer. My opinion is if you want (or must) warrant the roof then I suggest an amount of monies be put into escrow for a period of five years or whatever the contract might say. Or get a business license to install roofing and get insured. You must understand that nowadays selling a home is more than "as is". If you do work of that nature you must meet all codes and in most cases get permits and be a license roofer. Repairing a roof because of a hole is one thing but re-roofing with intent to sell the home as advertised as having a new roof is more than the average person should handle. By selling the house and say it has a new roof you are in fact warranting the workmanship and materials, Therefore you must be able to prove you can stand behind that inferred warranty.
 
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Old 04-24-18, 01:48 PM
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IMO, 5 years is excessive and as for the materials, they would need to take that up with the company that mfg them, not you.

Be careful when the buyer starts dictating the demands. There is often no end to their nitpicking. It's a used house, not a new one and you aren't his contractor.
 
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Old 04-24-18, 02:59 PM
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The problem here is that a new roof is part of the contractual bargain for the sale of the home. It's not a matter of the buyer dictating the demands. It's a matter of legal concern and the peace of mind of the buyer.

I have no doubt that the seller can do an excellent job of roofing (maybe better than professionals, because it's his house), however put yourself in the shoes of the buyer.

The home either needs a new roof or the seller is promoting the sale via advertising the fact it will or already has a new roof. The roof is being installed not by a professional but by the owner (regardless of how good he might be). The buyer knows nothing about this mans work or quality and what recourse would the buyer have if the work is not done in a quality professional matter? And the average cost of a new roof at least in my area can range from $5000 to $15000 for an average house.

If you were the buyer what would you request as insurance for a quality work and material? Keep in mind the sale is contingent upon a new roof. There is not a license contractor or even a bill of sale to fall back on in the event a problem occurs. And even the best workmanship and materiel can have unforeseen problems. It's not the just cost of repair if the new buyer has roof problem but add that kind of cost to the cost of the house within a five year time period.

Now if the seller does not promote the fact that it's a new roof but says it only 1,2,3 or maybe 5 years old, then that's another story. No promise is inferred or warranted about a "new" roof. It is what it is! But if it's a roof that needs to be put on prior to the sale then the buyer has every right to demand assurance of some type.

Again I'm not speaking as a legal consult, but putting myself into the position of being the buyer. I don't think any sharp real state lawyer would let this pass with out question. At least my lawyer wouldn't.


PS...This problem actually occurred when a neighbor of mine moved and new people bought the house. My neighbor claimed (to me at least) at the time the roof was being installed it had a 40 year warranty When the house was sold only the fact that the roof was 5 years old was mentioned. The new neighbors had to replace the full roof within the year due to poor workmanship and bad material.
 
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Old 04-24-18, 03:07 PM
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If I were buying a house and there was something large scale fix that needed to be done to satisfy the sale there is no way I would accept the homeowner completing the work.

I am not making judgments on the sellers abilities but in general a roof is not a DIY project and this just has the potential to go down the tubes vs having a contractor, or a reduction in the sales price, to resolve.
 
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Old 04-24-18, 04:24 PM
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The problem here is that a new roof is part of the contractual bargain for the sale of the home. It's not a matter of the buyer dictating the demands. It's a matter of legal concern and the peace of mind of the buyer.
It only is if you agree to his terms. That's my point. People often want someone to buy their house so bad they will bend over backwards to please them, when they ought to just say:

1). Know what, we have other people interested (or not)... we'll pass on your offer.
2). Know what, I'm not interested in fixing up a house that I'm going to be selling, here is our bottom dollar, find your own contractor and get your own roof.

But all that is beside the point and I don't want to sidetrack his thread.
 
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Old 04-24-18, 04:42 PM
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They may be dipping their toes in the water to see how much they can get. I had a client who I had done extensive work for who were trying to sell a townhouse. The buyers said that the windows were bad and needed to be replaced. I went out, looked at the windows, nothing wrong with them. I advised my clients to decline the offer on the house. The people bought the house anyway. They were just trying to get new windows installed.

I'm with Brant on this, tell them the house comes "as is". Very few companies will honor a warranty for 5 years. They all say "limited lifetime warranty" until you read the fine print.
 
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Old 04-24-18, 05:41 PM
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Wow!___________________________________________
 
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Old 04-24-18, 06:57 PM
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we are putting new shingles on the house. We are doing this work ourselves,
and this is not our first, second, or even twentieth roof that we have done.
We know what we are doing, and there is zero concern there.

Eh, but there is 100% concern there for the buyer, that's why they're asking for a warranty.

What I'd do if I were you is -
Hire a home inspector to inspect the roof before, and after.
Also make sure to get all local building permits and have the local building inspector check your work and siggn off on your work.
Check what coverage YOUR home insurance has for roof leaks.
Find out whether THEIR prospective home insurance will cover your work.

the buyer of our home ... would like us to warranty the roof installation for any faulty labor or material failure for 5 years.
Well, in that case, I would have the buyer purchase the shingles, that way they have the manufacturer's warranty; and you'll reimburse the buyer for the cost of the shingles at settlement.
Buyer pays you $1 to install them.
You give they buyer a conditional promissory note, something along the lines of
"Seller shall remburse buyer up to $X,000 towards repairs due to faulty labor, which is identified by a licensed roofer or home inspector. Seller shall have 45 days to make repairs at their own cost. If repairs are not completed within 45 days,
seller may present this note, a copy of the failed inspection, a copy of the demand letter, and receive payment."




Disclaimer, I'm an attorney, but I'm not YOUR attorney.
 
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Old 04-24-18, 07:35 PM
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Probably would also be nice to know the structure of the roof. A simple ranch house roof is pretty straight forward. A roof with 13 peaks and valleys on the other hand is a more complicated subject and may require more scrutiny regarding who does the installation.
 
 

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