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I need to get my ducks in a row for a law suit. Last year (May 2015), I bought a home that had no water issues disclosed. During the inspection, the inspector did note that there was some efflorescence on the cinder block wall in the basement. During negotiations, my lawyer asked them seller specifically to describe all water issues on the property.
What I learned after I moved in was that the back yard of my home, and two of my neighbors homes have annual yard flooding issues on a 50x100 deep lot that slopes away from the house to the back easement line. My yard gets on average 5,000 gallons of water per 4" of rain fall in 24 hours. The basement does take on water. Last year, the yard flooded 3 times and during the worst flood, the water stood to 2.5' at the deepest point and I was able to clean up the basement with a single bath towel.
Today I have surpassed that, with (I'm guessing) 4' of water at the back properly line and a must more noticeable amount of water in my basement. To top it off, all of the ways the owner attempted to cover up the water damage are now obvious. Every place that was covered with waterproof paint or cement is leaking. The door frame in the picture was new when the home was inspected and within 3 weeks of moving in, began showing moisture issues.
As much as a I hate the idea of suing someone. I can't let a person to negotiated a $17,000 over appraisal value for the home get away with an outright lie.
I'm looking for any advice on how best to proceed to make this process as smooth as it can be given the circumstances.
I need to get my ducks in a row for a law suit. Last year (May 2015), I bought a home that had no water issues disclosed. During the inspection, the inspector did note that there was some efflorescence on the cinder block wall in the basement. During negotiations, my lawyer asked them seller specifically to describe all water issues on the property.
What I learned after I moved in was that the back yard of my home, and two of my neighbors homes have annual yard flooding issues on a 50x100 deep lot that slopes away from the house to the back easement line. My yard gets on average 5,000 gallons of water per 4" of rain fall in 24 hours. The basement does take on water. Last year, the yard flooded 3 times and during the worst flood, the water stood to 2.5' at the deepest point and I was able to clean up the basement with a single bath towel.
Today I have surpassed that, with (I'm guessing) 4' of water at the back properly line and a must more noticeable amount of water in my basement. To top it off, all of the ways the owner attempted to cover up the water damage are now obvious. Every place that was covered with waterproof paint or cement is leaking. The door frame in the picture was new when the home was inspected and within 3 weeks of moving in, began showing moisture issues.
As much as a I hate the idea of suing someone. I can't let a person to negotiated a $17,000 over appraisal value for the home get away with an outright lie.
I'm looking for any advice on how best to proceed to make this process as smooth as it can be given the circumstances.
The inspector was responsible for noticing the water stains or similar issue, and well as the grade of the land for drainage around your house. At least where I live at, the borough has lot maps for homes that fall under the flood zones, or permafrost, etc.
4" of rain in 24 hours? That's a whole lot of water. I don't know that standing water in the yard costitutes a problem with the house. You'd also have to make a great case that the seller actually knew about a problem with the house, not the yard.
There is tons of evidence the both had and concealed seepage issues inside the house. And yeah, yard flooding issues can absolutely cause leaking in a basement.
You are in the position to prove that the seller KNEW about the leaks. Consider this, he could have lived there and in all that time never saw the rain you are seeing now. He has no clue what you're talking about. Prove to a judge he's not telling the truth- that's your dilemma. You can present all kinds of evidence of previous repairs- he doesn't know anything about them- prove he's not telling the truth. I've seen a lot of these cases come into our courts with water issues (we don't have many basements here but tons of water issues) and few come away with any resolve in favor of the buyer. The issue is you are in the position to PROVE that the seller knew about the leakage. That's a toughy. But here's a helpful hint for you, if your attorney will take the case on a percentage basis, go for it. If he wants money up front or by the hour- he has little confidence you're going to win. If the attorney is going to cost you money, you're probably going to lose the suit. Use that money to fix the house, not enrich an attorneys pocket. Choose wisely, grasshopper.
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