Living on a Hill that is Subsiding

What is the name of your state? CA

I bought my property 3.5 and my backyard sits on top of a 30 foot hill. The street side of my yard is a jagged rock edge made of sandstone that was never properly handled to prevent flaking. Meaning, every time it rains some of it breaks off and falls down. It has happened each rainy season since I bought it and it is now close to affecting my property (not the house just the yard). My neighbor who shares the property has tried to sell his property and had a prospective buyer back out due to fear that something might happen. Therein lies the problem.

So, the facts are as follows:
- My initial inspection at the time I purchased flagged this as an issue but would not cover it under the basic inspection
- The builder said that it shouldn't be a problem for 10 years and that this has happened each year during rainy season

I'll continue this in the next message...

- The original geological engineer flagged this as an issue but did not put anything (That I could understand) in the report that directly flags this. The kicker is when I called him for an opinion he told me the builder told him that he shoudl not speak to me. He told me off the record that everything I need is in the report and kind of winked meaning he knows something is wrong.
- When I confronted the builder he said he would fix my back yard if somethign would happen, but he will not put this in writing. He is very responsive to me, but won't put it in writing. This is what I am looking for so I Can have this when I Sell the property (next year).

A long set up...but this one is bugging me. Am I stuck because I signed on the dotted line 3.5 years ago and the warranty has run out ? Or can I do anything ? The fix can range from small scale stuff 10-15k to building a whole support wall for 50-70k.

Thanks in advance for any help. I need to make a decision on this in the next 2-3 months.

[HomeGuru]

[quote]Originally posted by sfhomeowner
[b]- The original geological engineer flagged this as an issue but did not put anything (That I could understand) in the report that directly flags this. The kicker is when I called him for an opinion he told me the builder told him that he shoudl not speak to me. He told me off the record that everything I need is in the report and kind of winked meaning he knows something is wrong.
- When I confronted the builder he said he would fix my back yard if somethign would happen, but he will not put this in writing. He is very responsive to me, but won't put it in writing. This is what I am looking for so I Can have this when I Sell the property (next year).

**A: you made a grave error by not demanding this report as a condition of purchase and closing and by not hiring your own geotechnical engineer to conduct a third party inspection. The builder and engineer are not required to provide you anything else especially at such time in the future when you decide to sell. Demand that they give you what you want now. Also look into the cost of building a retaining wall.
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A long set up...but this one is bugging me. Am I stuck because I signed on the dotted line 3.5 years ago and the warranty has run out ? Or can I do anything ? The fix can range from small scale stuff 10-15k to building a whole support wall for 50-70k.

Thanks in advance for any help. I need to make a decision on this in the next 2-3 months.

**A: a construction defect litigation attorney should be able to help you even after you messed up. Good luck.