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  #1  
Old 06-11-2003, 12:50 PM
DreamhomeInTx
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What should we do?


What is the name of your state? TX

We purchased our home in Apr 2003. It was being used as a rental property at the time. The sellers only disclosed obvious problems (ie rotten wood patio cover, missing light fixture). We had the property inspected; the report was a long list of needed repairs. Sellers didn't want to make repairs, instead they contributed a very small amount to us at closing--almost enough for the patio cover and light fixture.

At closing we saw the survey for the first time. It showed that the majority of our backyard is utility easements. We were apprehensive in going any further because of not being able to complete our plans for the yard due to the easement restrictions. The closing agent, sellers and both realtors assured us that these are normal utility lines that run in every yard--nothing to be concerned with. They suggested that we revise our plans to include similar items that were moveable instead of permanent and we'd be just fine.

Six weeks and a few thousand dollars later, the home was repaired enough for us to at least move in. Last weekend we noticed small black dots in our water. We took the faucets apart and found what looks like black oil/sludge type material. We cleaned it out and really didn't know what to think of it. Then we noticed a "warning" sign at the end of our street that shows a petroleum pipeline. It appears to run right down the middle of our backyard.

What should we do? Should we notify our M.U.D. to test our water? Should the sellers have disclosed the pipeline? Is there any recourse in a case like this? (Plus, what about homeowners insurance. Do I need additional insurance due to the pipeline or will standard insurance cover it if we should ever experience damages?) Where do we start???

Thank you for your help with our "Dream Home In Tx".
  #2  
Old 06-11-2003, 12:58 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781

Re: What should we do?


[quote]Originally posted by DreamhomeInTx
[b]What is the name of your state? TX

We purchased our home in Apr 2003. It was being used as a rental property at the time. The sellers only disclosed obvious problems (ie rotten wood patio cover, missing light fixture). We had the property inspected; the report was a long list of needed repairs. Sellers didn't want to make repairs, instead they contributed a very small amount to us at closing--almost enough for the patio cover and light fixture.

At closing we saw the survey for the first time. It showed that the majority of our backyard is utility easements. We were apprehensive in going any further because of not being able to complete our plans for the yard due to the easement restrictions. The closing agent, sellers and both realtors assured us that these are normal utility lines that run in every yard--nothing to be concerned with. They suggested that we revise our plans to include similar items that were moveable instead of permanent and we'd be just fine.

Six weeks and a few thousand dollars later, the home was repaired enough for us to at least move in. Last weekend we noticed small black dots in our water. We took the faucets apart and found what looks like black oil/sludge type material. We cleaned it out and really didn't know what to think of it. Then we noticed a "warning" sign at the end of our street that shows a petroleum pipeline. It appears to run right down the middle of our backyard.

What should we do? Should we notify our M.U.D. to test our water?

**A: yes and also talk to EPA.
*******

Should the sellers have disclosed the pipeline?

**A: yes.
*****
Is there any recourse in a case like this?

**A: yes.
******

(Plus, what about homeowners insurance. Do I need additional insurance due to the pipeline or will standard insurance cover it if we should ever experience damages?) Where do we start???

**A: notify your insurance agent right away.

Thank you for your help with our "Dream Home In Tx".

**A: you should also have your soil tested.
  #3  
Old 06-11-2003, 01:03 PM
DreamhomeInTx
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Question

So, do we start with our MUD or should we consult w/ an attorney before doing anything?
  #4  
Old 06-11-2003, 01:20 PM
Senior Member
 
Join Date: May 2000
Location: Catatonic State
Posts: 75,781
Quote:
Originally posted by DreamhomeInTx
So, do we start with our MUD or should we consult w/ an attorney before doing anything?
**A: did you not read my post? Do not do things in steps. Do all of those items at once, like today. Then tomorrow you can consult with an attorney.
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