What are our rights if the wrong color roof was installed on our house?

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What are our rights if the wrong color roof was installed on our house?

We were planning on installing a new roof to our rental house and requested the roof color to be “Estate Gray”. Instead, they installed a white roof without our consent. The communication with our property manager was conducted through e-mails. We have all the communication records. Whatis our best course of action?

Asked on February 14, 2011 under General Practice, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If you paid for the roof (either directly or  indirectly; e.g. as part of your lease or rental, you were to get a new roof) and you can show that your instructions or directions were not followed, then you could, if necessar, sue for either a new roof to be installed or for the monetary cost thereof, so you could install one yourselves.

However, if there was no obligation on the part of the landlord or property owner to install the roof and you did not pay for it--i.e. they choose on their own to put on a new roof--then you would most likely not have a cause of action; there is no legal ability to complain when someone does not do something which they were not legally obligated to do.


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