Drainage problem in new home

We purchased a home three months ago.
Since then, weve noticed standing water
coming from an improper drainage system in
the backyard pooling in the front yard shortly
after moving and signing a contract with the
builder. The home is still under warranty, but
they’re, the builder, telling my husband it’s a
city/county issue. Hes going back and forth
between the builder and the city that approved
the lot for construction of a new home. This has
taken all of the joy out of what should have
been a joyful occasion. What arei our legal
options at this point when no one wants to take
responsibility?

Asked on December 27, 2018 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

1) If you have a warranty, you can enforce its terms--force the builder to do or pay whatever the terms of the warranty (which is a contract) say he must do pay. Warranties, like other contracts, are enforced according to their plain terms; if you believe the terms of the warranty require the builder to correct this situation and he won't, you could sue him for "breach of contract."
2) If the builder knew, or logically must have known, of the issue before selling to you but failed to disclose it, he would have committed fraud and you could sue him on that basis for compenation (e.g. the cost to remediate the drainage system).


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