Do I have a chance to win in small claims and is there a SoL? also sue under what reason?
Bought a house, 2 years later draining issues in backyard,ponding+++,complained to city and builder argued+++,builder dug up grass and reshaped side swales. complained some more and builder resodded backyard. 2 years later back to square one. Had it landscaped by professional and trenches dug which fixed the problem
This was a new home purchase
You'd only have a case if you can prove that the previous owners knew about the problem, or if it was part of your contract to have it fixed and they didn't. Otherwise you buy it as-is, once you take possession of the house, you take possession of the problems.
*Edit*
Unfortunately, I've never seen an exemption for new homes. In fact, I remember a case a few years ago of houses having been built on unstable, previously industrial land. There was fear of the houses actually exploding.
The best hope you have for a case is to sue for negligence for the original build. The way to tell if you have this kind of case is to look at the attempts to fix... If the builder attempted to solve the problem and failed, but it was eventually resolved by an industry standard, then you might be able to be reimbursed. In these cases though, usually the builder's actions are motivated by trying to keep you happy rather than legal obligation. If he didn't have a legal obligation and his repairs didn't ADD to your ultimate repair, then you're back to paying the bill. Obviously if he did feel a legal obligation, he has to pay for the ultimate repair.
Hope that helps a little. Really sorry about your situation! Even if you're stuck with the bill, I think you're lucky that you were able to fix it at all. Worst case you just put all this behind you and enjoy your new home.
Good luck.
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