Drainage problem in new home

UPDATED: Oct 1, 2022

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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

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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years 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).

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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