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Whos at Fault??? Nebraska

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  • Whos at Fault??? Nebraska

    We just purchased our home in Oct 2007. We are not sure what to do or who to turn to for help in resolving a this matter, we have been dealing with for a week hopefully we can find some help here.


    1. On our homes Disclosure statement where it asks Are You Aware of any problems to the exterior wallcovering of the home including but not limited to siding, synthetic stucco, masonry, or other materials?
    The box is marked no, however there are initials over the yes box.
    we asked about it and our agent was told that there was a class action law suite for the whole neighborhood against the manufactures of the Hardboard Siding, however she was told by the owners that all the problems with the siding were fixed. However this was not listed on the disclosure at all and only told to us by word of mouth. The only thing actually written on the disclosure was that an insurance claim was filed for roof damage from hail and a new roof was put on. The roof is 4 years old.


    2. Before purchase the inspection was done on our home and the inspector pointed out some areas around the home where some spots of the siding needed to be recalked, but there wasn't really anything serious found by the inspector.

    3. During the walk through before moving into the home, there was a stain on the carpet it was a dry stain and it looked old it was in the corner of one of the bedrooms...not a big deal as we knew the carpet was old (Stain was covered by furniture during inspection)


    4. Upon moving into the home I was able to clean the spot and it looked just fine...when everything was dry I placed a dresser where the stain was. We treated/fixed everything on the outside of the home as was recommended by the inspector.

    5. I decided to paint the bedroom that the stain was in, when I moved the dresser where the stain was located, I saw that the stain was back and the carpet was wet, I pulled the carpet back to discover the floor was completely rotten and so were parts of some of the floor joist in that area. There was also some mold under the carpet. Due to the recent rash of storms we have been getting a lot of rain.

    6.We called our insurance company asap and they sent an adjuster out, he said that the roof was not flashed right in one area and it had caused the hardboard siding to soak..and it was soaked. he offered to give us money to fix the floor, he said that the studs and the floor joist weren't that badly damaged and "If we were handy" we could just fix the floor ourselves. Right after he left we tried our best to temporarily fix the area on the roof where he said water was coming in.
    In later phone calls We told him that we would feel better if we got some estimates from some companies to fix the problem..he told us that was fine but it won't change the price that he's offering us. Then he told us that if you hire someone to fix it and they find more problems, we can just call him back up and report any new damage. Our adjuster keeps calling us everyday to ask if we are ready to settle, we told him we are trying to get people to come out and look at it but because of all the storms it has been hard just finding someone to come out and look at our problem.
    The adjuster now says that it has nothing to do with the roof and the damage happened because our siding in that area is defective.
    He told us that he was going to just transfer the money into our account by the end of the day, because he needed to get our claim settled. We told him we had people coming to look at it this weekend and we would get back to him on monday..he told us that was fine.

    7. Upon further inspection of the stained area I found that some areas of the wallstuds are damaged and there is some mold in the walls.

    I really want to know what I should do..whos fault is all of this? The Previous owners? The roofers? Why won't my insurance company cooperate? Are we fully responsible for all this? I'm starting to feel harassed by my adjuster. I really don't know what to do, I have never owned a home before or filled a claim.
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