Foundation/structural damage flooding my basmenet unit.

nusias9 said:

What is the name of your state? New Jersey

Hi, I am in need of legal advise. Our brownstone basement condo has large amounts of water coming up through the ground. This was an issue one year ago during the purchasing process. We purchased the unit in good faith and understanding that the seepage was properly addressed,

**A: then you did not complete due dilegence by having your own inspections done and requesting documentation of the remedial work completed prior to closing. A buyer should never rely on "good faith" but by actual documentation and evidence.
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because we were informed that NJ does not have disclosure laws.

**A: and what idiot informed you so?
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On Aug 8, I notified the association that water was damaging our unit. To date, no work has been completed. Each heavy rain floods our daughters bedroom adding to the damage. Standing water as high as 1/4 inch.

I have had several contractors evaluate the exterior wall and determine that the wall is need of major repair and waterproofing. They indicated the source of water to be from the lack of and/or improper drainage on concrete slab and water trap in adjacent yard. They also indicated that this is long term erosion. (Had we had been given the opprotunity for due diligence we would surely been provided this information)

**A: you were given the opportunity. All you needed to do was have the required inspection contingencies in your purchase contract, request backup documenation from the owner and HOA as to the fix and hire your on inspectors and consultants.
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It seems to me that the association failed to properly address this situation last year. Instead of waterproofing and repairing the outer wall, they chose to patch the wall from the inside of the unit. Now this patch work has given way to large amount of heavy rain since July.

**A: and why did you not discover this PRIOR to closing?
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I have spoken to the new President advising that we may seek legal representation and reserve the right to seek damages. They stand fast that they had acted with good intentions last year and that the previous president addressed the problem accurately.

**A: the HOA President is full of crap.
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They are trying to lay blame on the seller for a common element and saying this was a buyer beware situation.

**A: more crap.

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I find it hard to believe that the association and the seller were ignorant as to the source and cause of water damage. Every contractor I have had evaluate the damage immediately stated that ground water comes in from structural fractures and must be filled, sealed and waterproofed on the out side of the wall. None of this was done, as my receipts only indicate patchwork within my unit. Our attorney requested that we be allowed to retain professionals to evaluate the structure. We were not afforded this opportunity prior to the reinstallement of sheetrock on the interior wall. Our attorney forced them to provide documentation as to the nature of the work. Reseasons we were denied unknown. I believe we were past attorney review and NJ has no disclosure laws, so we were in a binding contract to purchase.

**A: what? You have an attorney? Since when, before closing it seems?

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I need to seek reimbursement,as our newly install Mahogany wood floors are completely destroyed, mold has begun, sheet rock is damaged, insulation is damaged and my child is without a bedroom. What recourse do we have regarding any/all damaged caused to our home?

**A: you can certainly sue the HOA.
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My association did not inform and/or advise the adjacent owner that improper drainage was eroding our outer brick wall, so he was not given the opportunity to correct the drainage. I find it hard to believe that my association was not informed last year that that this was a seepage issue, as our management company executed the work. In addition, they decided to just patch the erosion and not properly waterproof the wall. Who is negligent, my association or the adjacent building?

**A: the entire story has not been told and I know that there is a lot more to this.
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My Insurance may not cover this, and I do not want to increase my rates over this situation. What chances do I have of being awarded damages and lawyers fees?

**A: that's just great. You have not even filed an insurance claim.
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Thanks so much, as your advise is much needed..I am sorry that this is long.

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nusias9 said:

The leak occurred around the time we were having our home inspection completed. The inspector was the one to identify the problem.

We continued with the process because we had to give the seller the opportunity to repair the damages. I guess this was the proper steps before we could legally back out. The seller agreed to repair the damaged to the individual elements.

No......We were not given the opportunity to implement due diligence. We had our attorney make that request. However, it's not clear why association and/or seller did not allow us the opportunity to take such actions.Once we able to re-enter the unit the repairs had been completed and the walls were back up.

This is why we demanded repair documentation and had to continue in good faith. We definitely wanted to back out at that point. It was our understanding that we would be in breech of contract since the owner made reasonable repairs. It was made clear, that the seller would take actions against us.

I am not sure what the NJ requirements are for disclosure, it may not be require until requested by the buyer. Regardless, our attorney and agent secured disclosure and the repair documents.

Regarding our agent, she was ruthless to the point where she wanted me to file formal complaints against the sellers agent.

My focus is to determine negligence for my home repairs. Had they allowed us the opportunity to retain an inspector to evaluate the wall from the interior, we surely would have been told the work was not properly completed.

Who is negligent the previous owner, association, and/or adjacent yard retaining water?
The association say I must go after the adjacent landowner for damages. I feel as if I should be going after the association. Which is correct?

It has been four weeks and my association has made no effort to address this problem. No one, at the request of the association, has come to evaluate this situation. Is there a some sort of time frame before they are negligent for the present conditions?

What is a reasonable attempt on my behalf in resolving this? I have sandbagged the exterior wall, patched large eroded sections, called contractors all with the association knowledge. At which point should I stop and walk away leaving it for them to resolve?

Thanks so much for the previous information.

We do not have an attorney at this point.


**A: then hire a real estate attorney that specializes in seller disclosure cses.
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The information I have regarding the previous repairs were provided at closing

**A: and what information might that be?

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