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Holding Builder reponsible for damage caused indirectly to you home

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A Local builder has built a new single family home beside our existing home. The lot was dirt filled at a higher elevation and also graded partially towards my home. Therefore creating problems with water drainage on the side yard between the two houses.

I understand the new house is sold but it has not closed yet (pending buyers first home sale)

I have spoken with the builder and he assured me that it will correct the defect somehow (some french drain ideas have been discussed but no agreement has been reached) I am afraid this issue is on the builder's  "back burner" and I have not seen any attempts for work yet on the last 60 days since when the problem was first presented to him.

I like to draft some type of letter or seek some legal council to see if this would increase the level of attention so the problem can be corrected before closing of the new house.

Would you agree with this plan?. Any advise? Thanks
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June 15 2013 - Oklahoma City
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Answers (5)

Ipp's Tipps- Send one registered letter to your local building dept.,make sure it has proper information like address, lot #'s etc. Send the builder aletter from your lawyer, put him on notice.
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July 02 2013
I would contact local p&z with concerns of drainage. A builder has to pass inspections and meet codes. An elevation change would have to have been addressed on some level and recorded publicly.
Make sure the builder is compliant with codes and permits. Address watershed issues building department where permits were filed.
These avenues are free and will point you in the right direction of whether or not you need to hire an attorney.




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June 15 2013
Contact Sarah Rowe Clutts with Lester Loving and Davies, she will be able to review your issue and go over your options with you.  
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June 15 2013
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I concur with Wetdawgs. I am not an attorney, but I wouldn't trust the builder to come back "after the sale" and fix any outstanding issues...and this is not the way you want to be introduced to your new neighbors.

I'd be looking to get some type of action on the property before it sells, and explain the scenario to the potential owners if you happen to run into them (emphasizing that you are trying to get the builder to fix the issue, before it becomes an issue for you and the new owners).
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June 15 2013
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If the builder created a problem where there was none before, I'd be talking to an attorney promptly to get this underway.

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June 15 2013
 
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Holding Builder reponsible for damage caused indirectly to you home
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