failure to disclose storm drain

[upacreek]

What is the name of your state? California. I purchased my home almost 8 years ago. Earlier this year, there was a very big storm, resulting in some minor flooding in my neighborhood. It was then brought to my attention by my neighbor that I have a private storm drain under my property, as do others on my street. I was never informed of this when I purchased my home. I spoke with an employee in the building department who looked into my building files. He said that according to the disclosure forms in my file, that the previous owner never disclosed to me that I had a private storm drainage on my property, although she had recieved in writing the disclosure of the storm drain when she origionally purchased the home. Additionally, the City inspector failed to disclose the storm drain in his written inspection, as well.

I now find that not only do I have a storm drain under my property that I was never informed of, but that I am completely responsible for it's maintenence, as well as responsible for any damages resulting from the failure of this storm drain. According to the file, a small portion of the storm drain was repaired more than 25 years ago, and the remainder was left as is, and will most likely soon fail. A very initial rough estimate is that the replacement of the drain will be in the neighborhood of fourty to sixty thousand dollars. In addition to these initial expenses to replace the old storm drain, I believe that the existence of this storm drain and it's asssociated liabilities will significantly decrease the value of my home, which I paid top dollar for. Had I known about the storm drain, I would have never purchased my house in the first place.

I don't how what to do or how to proceed. It looks like out of the complete negligence of many people (the origional seller, the City Inspector, the listing Real Estate Agent, my Real Estate agent) , all of whom failed to do their jobs properly, I'm now left with this mess. I'm obviously extemely angry, and assume that I have a pretty open and shut case, with everything in writing.

Any advice on what I should do and how I should proceed will be greatly appreciated!What is the name of your state?

Did/DO you not have a survey of your property showing this "storm drain" AND "easement"?

This is where you might find yourself. YOU had the opportunity to go to the local county office and look this stuff up yourself BEFORE you purchased the home.

[upacreek]

Originally Posted by shellandty

Did/DO you not have a survey of your property showing this "storm drain" AND "easement"?

This is where you might find yourself. YOU had the opportunity to go to the local county office and look this stuff up yourself BEFORE you purchased the home.

No, I don't have a survey of my property. The employee at the city seemed confident that the seller was definitely negligent in failing to disclose the storm drain to me, especially since it had been disclosed from seller to buyer throughout the history of the house, until our transaction.

Originally Posted by upacreek

No, I don't have a survey of my property. The employee at the city seemed confident that the seller was definitely negligent in failing to disclose the storm drain to me, especially since it had been disclosed from seller to buyer throughout the history of the house, until our transaction.

Believe ME when I say "I KNOW EXACTLY WHAT YOU ARE GOING THROUGH". However, just because "an employee" of the city seems confident, does NOT automatically make it so.

Caveat Emptor/Buyer beware.

Although maybe ETHICALLY/MORALLY wrong, LEGALLY...YOU had the option and means to do your own research, which would have made your current situation apparent BEFORE purchase.

These records are available to the public for just these reasons.

[upacreek]

Originally Posted by shellandty

Believe ME when I say "I KNOW EXACTLY WHAT YOU ARE GOING THROUGH". However, just because "an employee" of the city seems confident, does NOT automatically make it so.

Caveat Emptor/Buyer beware.

Although maybe ETHICALLY/MORALLY wrong, LEGALLY...YOU had the option and means to do your own research, which would have made your current situation apparent BEFORE purchase.

These records are available to the public for just these reasons.

So you don't feel that I have any case at all, even though she clearly failed to disclose the storm drain that she knew about (she was informed in writing), when I believe the disclosure statement even had an area related to storm drains on the property, and she said there wan't one??

[divgradcurl]

Originally Posted by upacreek

So you don't feel that I have any case at all, even though she clearly failed to disclose the storm drain that she knew about (she was informed in writing), when I believe the disclosure statement even had an area related to storm drains on the property, and she said there wan't one??

Forget "caveat emptor" -- there is no such thing when buying a home in California.

If you are talking $50K, you should consider talking with a local attorney, who can review all of the relevant facts in your situation and advise you accordingly.

Originally Posted by divgradcurl

Forget "caveat emptor" -- there is no such thing when buying a home in California.

If you are talking $50K, you should consider talking with a local attorney, who can review all of the relevant facts in your situation and advise you accordingly.

So...even though there is NO caveat emptor in California....Shouldn't the "storm drain" on her property have been visable.

Maybe she is talking about a "french drain"?

[upacreek]

Originally Posted by shellandty

Believe ME when I say "I KNOW EXACTLY WHAT YOU ARE GOING THROUGH". However, just because "an employee" of the city seems confident, does NOT automatically make it so.

Caveat Emptor/Buyer beware.

Although maybe ETHICALLY/MORALLY wrong, LEGALLY...YOU had the option and means to do your own research, which would have made your current situation apparent BEFORE purchase.

These records are available to the public for just these reasons.

If this is the case, what's to keep me from putting my house up for sale, lying on the disclosure statement just like she did, and passing this mess onto some other sucker. Does this mean that someone selling a home is absolved from legal reprecussions if they lie about something such as a storm drain that is dicoverable in the public records? I thought that the disclosure statement held some legal weight...just trying to understand this crazy process.

[upacreek]

Originally Posted by shellandty

So...even though there is NO caveat emptor in California....Shouldn't the "storm drain" on her property have been visable.

Maybe she is talking about a "french drain"?

no...i'm talking about a storm drain. It's a drain right next to the street, so it is easy to assume that it's a city drain. Considering that 2 inspectors and 2 real estate agents failed to notice it as a red flag, it's not obvious.

Originally Posted by upacreek

If this is the case, what's to keep me from putting my house up for sale, lying on the disclosure statement just like she did, and passing this mess onto some other sucker. Does this mean that someone selling a home is absolved from legal reprecussions if they lie about something such as a storm drain that is dicoverable in the public records? I thought that the disclosure statement held some legal weight...just trying to understand this crazy process.

Well, I guess what divgradgril said throws all my opinions "right out the window". In my state...what I posted is correct! I am not from California. So...my apologies.

[upacreek]

Originally Posted by shellandty

Well, I guess what divgradgril said throws all my opinions "right out the window". In my state...what I posted is correct! I am not from California. So...my apologies.

no Problem...I'm just thankful that I live in California!!!!

Originally Posted by upacreek

no Problem...I'm just thankful that I live in California!!!!

Good luck to you!

Maybe someone else will read this thread and give you the additional information you need.

[John Se]

Its there because you NEED it!!! why would it reduce the value, without it you would FLOOD....get it now!!!!! What turned up in your flood check, probably not a flood area any more because of the STORM DRAIN.

[divgradcurl]

Originally Posted by shellandty

Good luck to you!

Maybe someone else will read this thread and give you the additional information you need.

What additional information? He needs to go see a lawyer. The original owner isn't going to just give him $40K -- $60K to fix the drain, he's going to probably need to go to court, and for that kind of money, he's going to need a lawyer.

[upacreek]

Originally Posted by divgradcurl

What additional information? He needs to go see a lawyer. The original owner isn't going to just give him $40K -- $60K to fix the drain, he's going to probably need to go to court, and for that kind of money, he's going to need a lawyer.

Actually, it looks like it might be closer to $10K-$15K, but it's still a lot of money, that I shouldn't be stuck with paying, not to mention the headache. Is there a statuate of limitations in a case like this, where I first found out about the storm drain two months ago, but bought my property almost 8 years ago? Do I have a case for the existence of the storm drain devaluating my property? I know that if I had known about the storm drain, I wouldn't have bought the house!