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.
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.
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