Full disclosure not given on real estate sale.

We purchased a house Jan. 1999. As time went on we noticed excessive drainage coming out of the lawn by the mail box in front of the house. This seeping would go on for days after it rained, staining the side walk for about 10 feet before the water went into the street. Recently I went to this area and dug up the grass to install a flower bed. I discovered what appears to be another walkway parallel to the existing one to the house but buried under mounded dirt and grass. I dug back toward the house only about 3 feet so I do not know whether it ends at the house. I sent a certified letter to the previous owner inquiring about this and he denies that he knew that this concrete was there. The sidewalk is now distinctly stained and the flowers died (I have pictures). Is he liable for the cost of me having this concrete removed and the fixing of the yard? Perhaps he didn't know that it was there. He did have the house built about 5 years ago and purchased the lot from the builder.

I forgot to mention that I'm in the state of Arkansas.

You'll need to consult a real estate attorney. I couldn't find any law setting forth a mandatory disclosure form in Arkansas. If S didn't file the proper form or didn't disclose something he was supposed to, S is liable for the cost of fixing it. If S didn't know, then the builder would be liable under the same circumstances.

You can sue S arguing that S knew or should have known about the drainage problem & investigated its cause. S will drag the builder into the case. I don't know if this is material enough for you to be able to recover damages under AR law, though. I'd be less concerned about the concrete than the drainage problem. A thin layer of dirt over concrete should cause the lawn to drain quickly, not slowly. Maybe there's some sort of water resevoir under the concrete.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.