TX Non Disclosure of Drainage/Foundation Problems - Lawsuit

[christichris]

What is the name of your state? Texas

I purchased my house 3 years ago, from a pushy real estate agent who I was renting from at the time. North Texas was experiencing a drought at that time. 6 months later heavy rains caused flooding severe enough to flood my garage so deep my water heater was partially submerged and had to be replaced. Since then, I noticed this flooding happens with every heavy rain - plus my yard ponds up about 8 inches deep and stays that way for about a week. After the next few years of going back and forth with the city, trying to get it fixed, it turns out my lot is lower than the alley (unimproved), and lower than the street out front - hence NO drainage. The seller owned it for 8 years prior. He did not check the box on the disclosure statement which indicated drainage problems. Nor did the inspector mention any signs of past flooding in the garage. The city rep I have been working with says there have been people trying to pass a petition to improve the alley in order to fix this drainage problem since 1995, but have not been able to secure enough signatures to put it on a bond election. So - the seller had to know of this issue. In addition, the lack of drainage is tearing my house apart due to the expansive north Texas soil on which it stands. The soil swells in the rain and shrinks during the dry times. Since then I have married and we want to move, but cannot sell this house with this sort of issue. I would like to pursue this with a lawsuit. I would like to find a very good, aggressive real estate lawyer in Dallas who knows what can be done here. What can be done here?
Thanks,
Chris

 

[HappyHusband]

What is the name of your state? Texas

I purchased my house 3 years ago, from a pushy real estate agent who I was renting from at the time. North Texas was experiencing a drought at that time. 6 months later heavy rains caused flooding severe enough to flood my garage so deep my water heater was partially submerged and had to be replaced. Since then, I noticed this flooding happens with every heavy rain - plus my yard ponds up about 8 inches deep and stays that way for about a week. After the next few years of going back and forth with the city, trying to get it fixed, it turns out my lot is lower than the alley (unimproved), and lower than the street out front - hence NO drainage. The seller owned it for 8 years prior. He did not check the box on the disclosure statement which indicated drainage problems. Nor did the inspector mention any signs of past flooding in the garage. The city rep I have been working with says there have been people trying to pass a petition to improve the alley in order to fix this drainage problem since 1995, but have not been able to secure enough signatures to put it on a bond election. So - the seller had to know of this issue. In addition, the lack of drainage is tearing my house apart due to the expansive north Texas soil on which it stands. The soil swells in the rain and shrinks during the dry times. Since then I have married and we want to move, but cannot sell this house with this sort of issue. I would like to pursue this with a lawsuit. I would like to find a very good, aggressive real estate lawyer in Dallas who knows what can be done here. What can be done here?
Thanks,
Chris

When did you discover the problem? 2.5 years ago? You could have brought suit under Texas DTPA for deceptive practices violations, if you had discovered the problem less than 2 years ago. If you had won you could have gotten attorney's fees.
Look in the yellow pages for an attorney that can tell you your remaining options.