Hi, we are buying a home "owner financed" taxes and insurance are included in the house payment. The roof was damaged in a hailstorm back in 2008. He did not have us listed as buying the home. The insurance adjuster came out and totaled the roof, insurance company issued him a check and a year and a half still no roof! Since then his insurance has been canceled and we now have the insurance in our name,but the roof is excluded until its replaced, and it now leaks a little and have some water damage on my ceiling. What can I do or need to do to get him to replace the roof?

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Originally Posted by bryan64

hi, we are buying a home "owner financed" taxes and insurance are included in the house payment...... What can i do or need to do to get him to replace the roof?

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Hello bryan:

In terms of the law, you need to be precise when you describe a situation... Using the proper terms would also help clarify your situation for YOU, too.

I don't know what kind of contract you have, because there are several that will do the same thing, but whatever kind it is, whatever rights you have as a buyer is in there. IF you're a tenant, and I think you are, your right's are located in your state landlord tenant law.

It looks like he's actually trying to cheat you. The only way you can stop him now, and SAVE your purchase, is to hire the best damn real estate attorney you can find.

excon

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Originally Posted by excon

Hello bryan:

In terms of the law, you need to be precise when you describe a situation.... Using the proper terms would also help clarify your situation for YOU, too.

I don't know what kind of contract you have, because there are several that will do the same thing, but whatever kind it is, whatever rights you have as a buyer is in there. IF you're a tenant, and I think you are, your right's are located in your state landlord tenant law.

It looks like he's actually trying to cheat you. The only way you can stop him now, and SAVE your purchase, is to hire the best damn real estate attorney you can find.

excon

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We have a contract for the sale of real property

Who owned the home on the day of the storm, you or him?

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Originally Posted by ballengerb1

Who owned the home on the day of the storm, you or him?

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We have been buying the home home from him for over a year when this happened.

As excon asked, what does the contract say? Does it specify that he would be responsible for paying taxes and insurance? Is the property in his name until the terms of the contract were completed?

Most likely he's responsible for the repairs. If he refuses to make them, then you take him to court under the terms of the contract.

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Originally Posted by bryan64

We have been buying the home home from him for over a year when this happened.

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That didn't answer ballenger's question. As excon said you need to be precise.

It sounds like you had a contract for deed, so the seller was still the owner. So you have to go back to the written contract and see what it says. Was the seller responsible for repairs or not.

There is no insurance faud, the damage was reported and the owner is not required to fix the roof with the money. If by contract the seller is responsible for repairs then it is a contract issue and you sue him.

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Originally Posted by bryan64

We have been buying the home home from him for over a year when this happened.

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Hello again, bryan:

This is why I said you need to UNDERSTAND the terms of the agreements you enter into. There is no such thing as "buying a house over a years" time... You either BUY it and OWN it, or you have an agreement to BUY it sometime down the road, and in the meantime the SELLER/LANDLORD owns it, and you are a TENANT - not an OWNER.

I'll bet this house purchase was the LARGEST purchase you ever made or ever will make. In fact, you NEEDED an attorney when you entered into this contract, but I don't want to yell at you too loudly... But, you certainly need one now or you will LOSE this house.

excon

Yes and a good contract for deed will say exactly what your obligations and duties are, and what obligations and duties are the seller. They can often be 3 to 5 pages long. I have had one up to 10 pages before.

Now if you did the silly one page thing that says you will pay so much a month for so long then a final payment of so much, and then you will get the deed, the seller has no obligation to any repair since it is not listed.