contingency problem

What is the name of your state? Minnesota
I just purchased a house that had a contingency on fixing the driveway and hill that was washed out by heavy rain. During walk through the problem had appeared to have been repaired. After closing and a closer inspection, the work done was not a permanent fix, the hill began to wash out immediatly after a medium rain. Also instead of removing the remains of a tin shed laying crumpled in the backyard, it was just pushed off our property down a hill behind our backyard. I am just curious as to how I can approach this problem. Am I know responsible for this mess? Thank you

[HomeGuru]

Originally posted by bummedbuyer
What is the name of your state? Minnesota
I just purchased a house that had a contingency on fixing the driveway and hill that was washed out by heavy rain. During walk through the problem had appeared to have been repaired. After closing and a closer inspection, the work done was not a permanent fix, the hill began to wash out immediatly after a medium rain. Also instead of removing the remains of a tin shed laying crumpled in the backyard, it was just pushed off our property down a hill behind our backyard. I am just curious as to how I can approach this problem. Am I know responsible for this mess? Thank you

**A: did you hire a home inspector or engineer to determine the cause of the problem? And then put a contingency on the Seller fixing not only the problem but the cause? It appears that the property has a serious lot/grade and drainage condition that warrants review by a civil engineer. What did your real estate agent advise you to do?

My real estate agent said that FHA had to inspect the house so I did not hire an independent inspecter. In retrospect, I should have gone with a more knowledgeable real estate agent. The problem with the driveway originated with a plugged storm sewer during a heavy rain. The sewer plugged and all of the runoff went down the driveway and washed out the foundation of the drive and part of it broke off and went down the hill. The owner installed a hump at the entrance of the driveway to prevent the runoff after it happened ( at least a year before I purchased the home) but had not fixed the driveway because he was trying to get the city to pay for it. When I singed the purchase agreement I made it contingent on "fixing it right" so it would not happen again. Fixing it right would have involved installing some sort of measure to prevent erosion during the time it took for grass to take root, like an erosion blanket used on new highway ditches. Nothing was done. It was just seeded. After a summer of drought and two days of light rain, it has washed out to the point that I can't even install the erosion blanket. Its too steep of a dropoff to make a difference now. As for the junk that was shoved off my property--I was mistaken in assuming that they would remove the damaged shed and drain culvert. They just had the skid loader push it off onto city land assuming that I would not see it during the walk through. They assumed right! It was pushed off down a heavily wooded hill and then they shoved a downed tree on top of it! Obviously I have learned some valuable lessons on real estate sales. DON'T TRUST ANYONE!! I also discovered a burst outdoor water line. When I went to turn on the outdoor faucet, water started coming up through a crack in the garage floor. I truly feel like an idiot for buying this house. I appeciate the responses. Sorry for such a long reply.

[HomeGuru]

[quote]Originally posted by bummedbuyer
[b]My real estate agent said that FHA had to inspect the house so I did not hire an independent inspecter. In retrospect, I should have gone with a more knowledgeable real estate agent.

**A: now that's an understatement. An FHA inspection during the FHA appraisal is not a substitute for a home inspection. Any good real estate agent knows that. Your agent was an idiot.
********
The problem with the driveway originated with a plugged storm sewer during a heavy rain. The sewer plugged and all of the runoff went down the driveway and washed out the foundation of the drive and part of it broke off and went down the hill. The owner installed a hump at the entrance of the driveway to prevent the runoff after it happened ( at least a year before I purchased the home) but had not fixed the driveway because he was trying to get the city to pay for it. When I singed the purchase agreement I made it contingent on "fixing it right" so it would not happen again. Fixing it right would have involved installing some sort of measure to prevent erosion during the time it took for grass to take root, like an erosion blanket used on new highway ditches. Nothing was done. It was just seeded. After a summer of drought and two days of light rain, it has washed out to the point that I can't even install the erosion blanket. Its too steep of a dropoff to make a difference now. As for the junk that was shoved off my property--I was mistaken in assuming that they would remove the damaged shed and drain culvert. They just had the skid loader push it off onto city land assuming that I would not see it during the walk through. They assumed right! It was pushed off down a heavily wooded hill and then they shoved a downed tree on top of it! Obviously I have learned some valuable lessons on real estate sales. DON'T TRUST ANYONE!! I also discovered a burst outdoor water line. When I went to turn on the outdoor faucet, water started coming up through a crack in the garage floor. I truly feel like an idiot for buying this house. I appeciate the responses. Sorry for such a long reply.

**A: have a meeting with the principal broker and ask what they are willing to do to help you. Also consult with a real estate attorney.