Is this legally a new roof in the state of Maryland?
So I bought a house, and the homeowner advertised the house as having a new roof. Well now (1 year later) half of it is falling off. Turns out their definition of a new roof was putting new shingles on the old roof, old shingles and all. So turns out now the whole roof is warping. I need to pay out $9,000 to fix this crap. They never disclosed that this was what they meant by a new roof, and the home inspector did not catch it. I got the receipt from them for the company that did it, that even states that was what was done. They even said in their email 'you should have gotten these papers in closing..." we'll apparently I didn't... Is it legal in Maryland to do that and call it a 'new roof' or did they knowingly lie about what they did? We're thinking of suing and asking a lawyer, but in the mean time I figured I'd see what you guys think. What else is the Internet for? Lol
- 8 years agoFavorite Answer
That's a new roof. Applying another layer of shingles is legal and accepted. If there is a problem, there should be a warranty on the roof, and you should also be able to go after the home inspector's insurance.
- GregLv 78 years ago
Most building codes (at least in the states I have lived in which does not include Maryland) DO INDEED allow a second layer of shingles to be placed over an existing layer. A roof that complies with code would be considered a "new roof" by any practical definition.
What sucks is that any competent roofer would know not to put a new layer over CURLING shingles. But they might do it anyway because eliminating the "tear off" would cut several hundred dollars (minimum) off of the cost of the job.
Of course tearing TWO layers of shingles off will now cost YOU a few hundred extra because it is more work.
Sorry.... check your local building codes to be sure.
EDIT: I was just thinking.... perhaps you should contact your home owners insurance regarding "roof damage."
- Anonymous8 years ago
The application of new shingles on an old roof, nullifies (voids) the warranty. In the warranty of the seller he should have made it clear, that the roof was a lay over. HOWEVER, check your local codes!
You may seek claims in a small claims court from about $1k up to over $20k in some states.
example of codes:
“New roof coverings shall not be installed without first removing existing roof coverings where any of the following conditions occur:
Where the existing roof or roof covering is water soaked or has deteriorated to the point that the existing roof or roof covering is not adequate as a base for additional roofing.
Where the existing roof covering is wood shake, slate, clay, cement or asbestos-cement tile.
Where the existing roof has two or more applications of any type of roof covering.
For asphalt shingles, when the building is located in an area subject to moderate or severe hail exposure..
In MY opinion, in this case if the roof needed repair, it needed removal first.
- r1b1c*Lv 78 years ago
While they may be responsible (it'll depend on the wording of the contract), the person/company you should go after is the home inspector and his/her insurance company. After all, that's what you pay him/her for, to ensure that a "new roof" is in fact a new roof and not just paint or shingles.
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- Anonymous8 years ago
It is legal to put shingles over existing shingles,,,,,sounds like faulty shingles or faulty installation.
- ErikaLv 43 years ago
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