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caveat emptor clarification - (long)-HELP!

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W

wortley

Guest
long note - We purchased a home built in 1930's June/00. 2 weeks prior to closing the former owner came to our old apt., and shared with us a "ha ha, it's your problem now" advisement that he had been ordered by the city to cap off a drainage pipe from middle of driveway to street because it was running into city storm sewar. I wrote a letter to the lawyer, who spoke to the city and he was ordered to fix the problem, and we were advised in writing that the matter had been taken care of. On the weekend, 20 feet up from the drain pipe, away from the street, same distance away from the side of our house, our driveway has collapsed. The hole is 4-5ft. deep, 3-4ft. wide. There is a soft gravel bed that has slipped away to (? somewhere). I am worried that rain will wash away the driveway bedding and threaten the integrity of our home, the neighbours and the driveway. The owner previous to the vendor we bought from did the driveway himself and changed the grade. He was over and advised that "the problem is not connected" and that the driveway had been tamped down (when he did it 11 years ago). The architect felt they were connected and advised that "this hole has been filled before" advising us that we need to find the problem and not do just a patch job. I am planning to call our lawyer this morning, and the city, and the insurer. Does caveat emptor still reign given the assurances we were given prior to closing? thanks
 



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