Thanks for the information.
Since I am going to buy a house with three layers (less then one year
old last layer), which is leaking, is the current owner obligated to
tear off the old layers and put on a new roof or can he simply repair
Also is there any buidling code number that you know of?
The answer to your question depends on the provisions of your Contract. If
you have not already signed one, insist on a Contract provision requiring a
NEW roof, with full removal of all existing layers of shingles.
If the leak was disclosed before you made your offer, then the seller is
_probably_ not obligated to fix it.
If the leak was discovered or disclosed after your offer was accepted, then
_probably_ you can back out of the contract if its not properly taken care
of. Sometimes a price adjustment is substituted for a repair. In a state
like NY I suspect that a repair would have to be to code (2 layers) but its
hard to imagine someone wouldn't remove all three layers at that point.
Any real estate lawyer can give you the specifics.
The contract states that the roof must be free of leaks. I am just
wondering if the 3 layers could be a problem for me (since there are
leaks) and I am wondering if the owner must make the repairs according
to code (which I have now found the actual code for). The owner says
they will repair the problem.
I want to make sure that I don't get stuck with code violations and
ideally have the owner repair the roof properly i.e. new roof if
nneded by code (or money so I can put on a 1 layer roof).
I will be talking to my lawyer but I wanted to see if anybody out here
has experience with this since my lawyer might not know about
Any suggestions are welcome.
Apparently, you're aware of the 3 layer shingle roof. And that did not
happen without providing same information to you. Sounds like a disclosure
No. The owner is not responsible for a roof that may have been
grandfathered by current code for the State of New York. Seldom is passed
building code that is retroactive. New construction is a different matter,
or changes made after the building code was enacted and enforced by the
local municipality regarding roof repairs. Assuming you buy the home, you
inherit the grandfathering until you have to repair the roof by replacing
shingles. Then, the two layer maximum is the rule. If the house had the
current 2 shingle layer maximum, you'd still have to strip the shingles for
repair or replacement. So, don't see why this is an issue. But, I'm a KISS
method kind of guy. Could have easily overlooked something.
"Peter" < firstname.lastname@example.org> wrote in message
The NYS code was updated more than one year ago so if the roof is only one
year old, it was put on illegally.
I'd get the roof torn off and replaced if possible or back out of the deal.
If it's only one year old and leaking already, you will be replacing the
roof in a year or two.
Do you want a $5,000.00+ repair bill next year ?
I knew of one house that had five. Big old house had overhangs I
was working on that were 25' off the ground. Three inch roofing
nails, I had never seen roofing nails that long before.
An aside. There was a gutter guy applying standard gutter on the
fascia. I had bridged over the built in gutter that was leaking.
Anyway this was a 12-12 pitch roof, way the hell up in the air and
he walked on the roof applying the gutter. The shingles were sort
of springy,being so many layers. He would actually walk to the
edge and standing up straight legged, bend over the edge and nail
the gutter that he was balancing. I have never seen anything like
that before or since.
Make that about 35' high. I remember using 40' extension ladders
stretched almost out and I was using ladder jacks and 2 x 10
planks to walk on. (Nervously) I was working alone and I can't
remember for the life of me how I got those planks across those
ladder jacks. I must have man handled them as I was a lot younger
then and stupider too.
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