Thursday, August 09, 2007

Sponsored by the letters F and U

Just when I thought that I was out, they pull me back in. - Michael Corleone, Godfather III.

The names have been changed to protect the stupid... but not the grammatical errors, those are just funny!

Hi Vince,

I spoke with Mario, and of course we were not aware of any problem since the fix a year ago. It is what is called in real estate a latent defect, (a fault that could not have been discovered by a reasonably thorough inspection prior to the closing date), if there actually was a problem prior to the close. I hope it is evident to you and Marty that Mario has gone above and beyond to get his home sold, (pool care, etc) and knowing Mario, he would never do a band-aid fix. He thought the job was a permanent fix, and paid well to have the problem solved.

With that said, he feels bad that there is a problem. He knows what it is like, and actually recently had the same contractor to his current house to fix a leak, but of course he's not responsible for problems with 20 Suck St. beyond the closing date, especially with a home inspection completed.

Feel free to contact the contractor. He has done a lot of work for Mario over the years and is apparently a great guy. His name is Tony Corleone, Mario believes that the company is Corleone Construction, but I couldn’t find a listing for it in the phone book. If you find a number and are speaking to an old Italian guy, that is the father…

I hope this helps you, please call me if there is anything else I can help you out with. Sorry about this problem, and good luck!

LG


Hi LG
What I believe is that it was a band aid put on it and that there is no contractor and really is a friend of his that did the work. And we were told that it was a contractor and that's why there was no further looking into the possible leaky issue. If it was really a contractor, than there is an invoice. If no invoice than not a contractor and therefore we were deceived about the repair. Example not knowing name of contractor, phone # but just having work done recently sounds fishy
Please have an invoice to prove work was done by contractor or I will have to purse other avenues


Thanks Vince


Vince,

If you choose to ‘pursue’ other avenues, then you do that. Obviously I take that as a threat to sue myself, Mario or both, and if that is the route you wish to take, go for it. My lawyer is Joan B. Solicitor in Amherstburg.

If you want to be reasonable then read on, if not, I do not want you or your brother to contact me again except through my lawyer. I have given your brother good customer service and it pisses me off for you to imply that I purposely deceived a customer, and essentially you are calling someone whom I consider a friend, Mario, a liar.

Things go wrong with homes, and most often it is at times when not convenient for the home owner. At the time of closing neither Mario nor I were aware of any problems with roof line leakage. As far as Mario knew the problem was fixed. That’s why during our phone conversation I told you the most I could do was find out who the contractor was.

Mario didn’t happen to have the phone number of Tony Corleone on him when I spoke to him, and in the interest of time, I emailed you what information I knew. There is no invoice because apparently it was a cash job. His number is: 519-971-0031. Feel free to call him, he is expecting your call.

I do not believe that it was a band aid, or a temporary fix. Mario was upfront and honest with me with the problem, as I was with you. Neither Mario nor myself attempted to mislead you in any way with issues concerning the past leak in the roof line. I told you a contractor did the work, as that was what I was told, and that is who performed the work.

I heard you discuss at length with your brother your unhappiness with the roof line. You pointed out to me the why that particular roof line is problematic, and you discussed with your brother how and why it had to be changed. The fact is:
A) I told you that there was a problem in the past.
B) It was apparent that work was done, (new drywall, caulking, etc.)
C) There were no obvious problems at the time of the professional home inspection or the final inspection of which you were in attendance. (The information from the home inspection is property of Marty, and technically I have no right to know it unless Marty chooses to tell me, as Marty and your father were not my clients, but customers)
D) According to Marty, the Home Inspector said that there are current problems with the roof, and Marty choose to continue with the sale.
E) There was a home inspection performed and wouldn’t that be considered ‘looking further into the leaky issue’?

I’ve spent enough time writing this email. Good luck. LG

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