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New Home Non-Disclosure Issue

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M

MB-Wisconsin

Guest
We purchased a new home in Wisconsin 2 months ago. 2 days before closing, the builder dug a 20 foot wide x 150 foot long ditch (approx 4 feet deep in the middle) along our lot line. We questioned him and he stated "everyone has to have a water run off, don't worry, we will put in a pipe and cover it up, you will never notice it." We had him put it in writing. We called the town to ask what that ditch was for and received no reply until 4 days after closing. We found out that we have a storm water drainage easement running through our property. The builder or realtor never disclosed this to us. The realtor called us and told us that it was her fault that she never looked at the Title Commitment page which disclosed the easement, (she never gave us a copy of it before closing either). Our back yard has been half full of water 3 times within the past 2 months. I have called the realtor and she doesn't return my calls. Do we have the right to ask for all of our money back plus the expenses that we put into the house so far (custom window treatments, special wiring for home theater, moving expenses, etc...)? What are our chances of winning in court? We paid full price for this lot. There is nothing wrong with the house, but the lot is awful. What are our chances if we sue to have them buy back the house and pay for our expenses that we have put in the house? We never received the Title Commitment page, the appraiser didn't even have it on the title because the ditch wasn't there when he appraised the house and lot. It is on the plat map, but we were never given a plat map. Any comments or suggestions will be greatly appreciated. We are totally frusterated with the whole mess.
 


T

Tracey

Guest
Hire a real estate attorney.

------------------
This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
 
H

happy

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by MB-Wisconsin:
We purchased a new home in Wisconsin 2 months ago. 2 days before closing, the builder dug a 20 foot wide x 150 foot long ditch (approx 4 feet deep in the middle) along our lot line. We questioned him and he stated "everyone has to have a water run off, don't worry, we will put in a pipe and cover it up, you will never notice it." We had him put it in writing. We called the town to ask what that ditch was for and received no reply until 4 days after closing. We found out that we have a storm water drainage easement running through our property. The builder or realtor never disclosed this to us. The realtor called us and told us that it was her fault that she never looked at the Title Commitment page which disclosed the easement, (she never gave us a copy of it before closing either). Our back yard has been half full of water 3 times within the past 2 months. I have called the realtor and she doesn't return my calls. Do we have the right to ask for all of our money back plus the expenses that we put into the house so far (custom window treatments, special wiring for home theater, moving expenses, etc...)? What are our chances of winning in court? We paid full price for this lot. There is nothing wrong with the house, but the lot is awful. What are our chances if we sue to have them buy back the house and pay for our expenses that we have put in the house? We never received the Title Commitment page, the appraiser didn't even have it on the title because the ditch wasn't there when he appraised the house and lot. It is on the plat map, but we were never given a plat map. Any comments or suggestions will be greatly appreciated. We are totally frusterated with the whole mess.<HR></BLOCKQUOTE>
You should hire a real estate lawyer. Your house is now devalued by the diminished lot value. Also, the incompetance of the agent needs to be brought into play.

 
M

MB-Wisconsin

Guest
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Hire a real estate attorney.

<HR></BLOCKQUOTE>
Thank you for your advise. We have talked to a Real Estate Attorney and I have advised the Realtor about this and gave her a deadline to buy the house back or we go to court. She has recently called me to ask for a list of the extras that we have paid out of our pocket. You can bet that I will be documenting everything. It all stems from the fact that she got the Title Commitment page with the disclosure on it and just did not read it OR pass it along to us as I was told should have been done by the Title Company. Our lot has flooded 3 times in the past few months and it is very stressful. Now our lives have been put on hold while this gets hashed out. Once again, thank you for the great advise. This is a great site (who ever thought of it!!) I have already recommended it to some friends.
 

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