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Message
re: OT lawyers... question about real estate law
Posted on 5/20/16 at 9:28 pm to ksayetiger
Posted on 5/20/16 at 9:28 pm to ksayetiger
quote:
get a few yards of dirt and make the ground higher
not quite that easy... see, my lot is an end lot, so basically the water, before there was a house there, would drain off the slope of the the land that my house currently sits on....
they didn't bring in enough dirt, evidently, to make my house high enough and when the builder scraped the lot, they left a ridge of dirt of what was scraped off the lot... i remember seeing mounds of dirt at the exact area that the higher "ridge" of land encircling the house in the back yard before we closed on the house....
regardless, the lot was never graded to have the water drain away from the house, the builder said as much himself... i need to know if BY LAW its required for a builder to have the water drain away from the house.... if not, i'm fricked, i understand that.... just need to know if by law it's required....
This post was edited on 5/20/16 at 9:30 pm
3
Posted on 5/20/16 at 9:34 pm to ksayetiger
Sounds like basic caveat emptor principles
Posted on 5/20/16 at 9:47 pm to chRxis
Do you have a contract.with said builder? Check out the warranty section bud. Not legal advice...but this could be construed as a structural defect and covered under the warranty. Do you not have one lawyer friend to send him some letters.reciting.the warranty and applicable legal principles in LA?
This post was edited on 5/20/16 at 9:48 pm
Posted on 5/20/16 at 9:47 pm to chRxis
Not legal advice - Google and read about Louisiana New home warranty act. This may be addressed. Importantly, it sets time limits on things like this that can be very short, as little as a year. Even if the problem is brought up it can be timed barred. I've seen builders string people along, then - bam. Too late, not his problem.
Posted on 5/20/16 at 9:48 pm to chRxis
And, in my non legal opinion, that sounds like it should be his fault. Make him 're-grade, don't just settle for some drains. They won't last forever.
Posted on 5/20/16 at 9:49 pm to chRxis
Sounds like he made you aware of the defect and you bought the house anyway.
Posted on 5/20/16 at 10:03 pm to liz18lsu
quote:
NATURAL SERVITUDES
Uh, no. Wrong ballpark.
New Home Warranty Act. And your deadlines are short.
I'm not your lawyer.
Posted on 5/20/16 at 10:18 pm to Creamer
quote:
Sounds like he made you aware of the defect and you bought the house anyway.
i wasn't "aware" of it until after the house was built, we moved in, then it rained.... thought it was pretty odd that even 2 weeks later, it was still wet as all hell right off the patio, but in other areas in the same backyard, the ground was cracking open because it was so dry....
Posted on 5/20/16 at 10:22 pm to chRxis
I am a lawyer. It will be hard to come out better than just eating the 4K . It is not right or fair, but it will cost you more than that to fight it.
Posted on 5/20/16 at 10:38 pm to zeebo
quote:
It is not right or fair, but it will cost you more than that to fight it.
i guess if they don't fix the issues they caused, we'll see if you are right... i'd take them to court, at this point, just based on the principle.... i have a pretty bad history with the builder... he threatened to sell the house from under us, 1 week before we were to close on the house, while my wife was 9 months pregnant, because we pointed out a few things that needed correcting that we didn't previously notice on the punch list... we had already sold our house, were living in a one bedroom apartment (4 adults, 1 kid, with another on the way)... it was a very shitty thing to do... but he threatened us with it anyway, saying that they'd just put a for sale sign in the front of the house...
Posted on 5/20/16 at 10:47 pm to chRxis
quote:
i'd take them to court, at this point, just based on the principle.
Your going to find those principles a little flimsy when you get the legal bill. I understand how you feel, but have a beer, take a breath, and make a calm decision on this.
Posted on 5/20/16 at 10:56 pm to chRxis
quote:
i have a pretty bad history with the builder.
quote:
my wife was 9 months pregnant
quote:
we had already sold our house
quote:
were living in a one bedroom apartment (4 adults, 1 kid, with another on the way).
quote:
because we pointed out a few things that needed correcting that we didn't previously notice on the punch list
Sounds like you didn't understand what a punch list was.
Im not a lawyer but i don't see where your damages are. There are many lots in Louisiana that experience ponding when it rains.
Posted on 5/20/16 at 11:04 pm to MoreOrLes
quote:
There are many lots in Louisiana that experience ponding when it rains.
i understand that... but should the water stays there for 2 to 3 weeks after it rains? because it does at my house... i'm not talking about a one or two day "puddle" of water.... i'm talking about soaking wet ground, in addition to sustained mud pits and pools of water....
either way, the question is, and with how many fricking lawyers we have, i'd think someone knows, is it required by law for the builder to ensure that water drains AWAY from the residence that they build?
This post was edited on 5/20/16 at 11:07 pm
Posted on 5/20/16 at 11:09 pm to chRxis
I'm not a builder, but wouldn't a few wheelbarrows of dirt and a furrow to the drain point on your property fix you up?
To answer your legal question, I don't think so. Still not your lawyer, though.
To answer your legal question, I don't think so. Still not your lawyer, though.
Posted on 5/20/16 at 11:22 pm to Boagni Swamp
quote:
wouldn't a few wheelbarrows of dirt and a furrow to the drain point on your property fix you up?
unfortunately, no.... see the berm that they accidentally created by leaving the dirt they cleared off the lot before pouring the foundation is about 5 inches higher than the top of the concrete on my patio... i can put 1, maybe 1.5 inches of dirt right off my patio to combat the problem, but that's it... but it wouldn't help with getting that water to go anywhere... it doesn't drain anywhere... it just sits there...
the front and side drain well, but there's also multiple catch basins and it's sloped/graded correctly.... but the back is just 7 kinds of fricked up...
This post was edited on 5/20/16 at 11:24 pm
Posted on 5/20/16 at 11:26 pm to chRxis
This is an easy one. If my client had this problem, I would be able to tell him the answer after doing one quick check to make sure the law hasn't changed. Probably bill six or twelve minutes for $25 or $50.
Posted on 5/20/16 at 11:32 pm to Tigerlaff
Subtle 
Posted on 5/21/16 at 1:31 am to chRxis
Your answer is hidden within these posts. Look towards the neoteric framework for assurance.
Less subtle
Less subtle
This post was edited on 5/21/16 at 1:33 am
Posted on 5/21/16 at 4:51 am to StripedSaint
quote:
neoteric
You went to Tulane, didn't you? No self-respecting alumnus of the hallowed Paul M. Hebert halls would ever say that.
Posted on 5/21/16 at 6:35 am to chRxis
$4k for a French drain and runoff system? Get a 2nd quote.....
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