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Help! Seller/Builder did not disclose info

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gretch30

Junior Member
What is the name of your state? KY

We purchased a brand newly built home in April, 2002. Once we moved in we started having some problems. There are still about 10 outstanding items we told the builder he needed to finish or fix. We were blown off. One of those items was our backyard being constantly saturated and puddled and sinking. To make a long story short, we just found out 2 weeks ago that we are on "wetlands" AND there is no drainage for our backyard! Not only that, but today I just found out that our home, made of DRYVIT (faux stucco) has had an enormous amount of controversy. So much so that lawsuits are popping up in several states. There was even a National Class Action Lawsuit against the United States manufacturer of Dryvit. The manufacturer settled. I also found out from going to our local Home Builders Assoc. website that the HBA had warned its builders about the problem and the threat to a builder's insurance policy in regard to Dryvit. Anyway, we are *sure* now that our builder was aware there was no drainage for our backyard after I met with the Developer of the Subdivision and our local Sewer people last week. And possibly when I asked him at the time of interest in this new home about any potential problems with Dryvit (I thought I had heard something about toxic mold....turns out I had) he knew of those problems, but instead told me....oh no, this is not the same material....(when in fact it is). The question: Is this grounds for a breech of contract? Needless to say we would have NEVER purchased this home had we known there was no drainage, it was on wetlands, and that Dryvit has the potential to produce toxic molds. Any guidance would be most appreciated as well.
 
Last edited:


HomeGuru

Senior Member
gretch30 said:
What is the name of your state? KY

We purchased a brand newly built home in April, 2002. Once we moved in we started having some problems. There are still about 10 outstanding items we told the builder he needed to finish or fix. We were blown off. One of those items was our backyard being constantly saturated and puddled and sinking. To make a long story short, we just found out 2 weeks ago that we are on "wetlands" AND there is no drainage for our backyard!

**A: contact a civil engineer to inspect and provide an opinion.
***************

Not only that, but today I just found out that our home, made of DRYVIT (faux stucco) has had an enormous amount of controversy. So much so that lawsuits are popping up in several states. There was even a National Class Action Lawsuit against the United States manufacturer of Dryvit. The manufacturer settled.

**A: this EIFS may or may not be a problem. This synthetic stucco should be inspected by a certified EIFS inspector.
**************
I also found out from going to our local Home Builders Assoc. website that the HBA had warned its builders about the problem and the threat to a builder's insurance policy in regard to Dryvit. Anyway, we are *sure* now that our builder was aware there was no drainage for our backyard after I met with the Developer of the Subdivision and our local Sewer people last week. And possibly when I asked him at the time of interest in this new home about any potential problems with Dryvit (I thought I had heard something about toxic mold....turns out I had) he knew of those problems, but instead told me....oh no, this is not the same material....(when in fact it is). The question: Is this grounds for a breech of contract? Needless to say we would have NEVER purchased this home had we known there was no drainage, it was on wetlands, and that Dryvit has the potential to produce toxic molds. Any guidance would be most appreciated as well.

**A: you have a case regarding the wetlands. The Dryvit may or may not be a problem.
 

gretch30

Junior Member
Thanks Mr. Catatonic State. I'm long-winded when it comes to things I'm passionate about so sorry for the length of that post, but thanks for addressing my concerns so promptly. I really appreciate it!! And this web site is great; very well put together!
 

gretch30

Junior Member
Well then....

Thanks for the correction! (lol) I'll check those other sites and let you know my opinion, Mr. Home Guru. They better be clean...I hope this isn't a set-up to send me to some kinky website.
 

gretch30

Junior Member
You're awesome!

Thank you so much!!!!!!!! Those two sites were just the kind of things I was looking for! What a great help you've been! With all of the stress this has caused me running into dead ends over these house problems, it makes me almost cry to have someone anonymously be able to help in some way. Thanks. I will thoroughly check out those sites tomorrow when I have more time.
 

HomeGuru

Senior Member
You are very welcome.
In fact contact Steven Vinson of HADD in KY. He will be happy to help you. Good luck.
 

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