Apartment seller undertook to tar the roof but did not fully fulfill the obligation
Question
Shalom.
An apartment was purchased, and the seller undertook to tar the roof. In practice, the roofer brought by the seller made a mistake and tarred only two-thirds of the roof. As a result, the buyer suffered major damage to the walls and ceiling due to leaks that occurred in the apartment. Can he obligate the seller to pay for the damages?
Answer
Shalom u’vracha.
The damages caused by the roofer’s negligence are considered grama (indirect damage), and they cannot be collected from him unless he explicitly undertook responsibility in advance for damages that are grama.
Source
See Tur, beginning of siman 157; the laws of grama, see siman 386. This is not comparable to siman 232 se’if 5, which states that if there is a defect in the transaction that can be repaired, it must be repaired, because here the damage occurred after the sale as a result of the original defect, and this is grama and not a defect in the transaction itself. However, he will be obligated to repair the leaks in accordance with what was agreed upon.
