Legal Question in Real Estate Law in Georgia

Does New House Warranty Cover Poor Drainage?

I have a problem with a house I bought 11 months ago. The yard floods everytime it rains. The builder says that he will put a drain under the driveway to help correct the problem, but he keeps putting it off.

Today a storm drain ruptured and the county says that it was caused by the builder using a back-hoe. The builder says that he has no liability since he turned the subdivision over to the county in 1996.

I read the warranty and it doesn't spell out if the builder/seller is responsible for the yard's poor drainage. He says he's only responsible for the house.

Any answers? Should I send him a certified letter?


Asked on 5/07/03, 11:15 am

1 Answer from Attorneys
Cheryl Rivera Smith The Smith Law Firm

Re: Does New House Warranty Cover Poor Drainage?

The builder should be responsible and this is a big problem. The lot should have been graded for proper run-off. Assuming the facts are as stated, the builder is negligent in not adequately preparing the building site. You should contact an attorney who handles construction law.

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Answered on 5/07/03, 11:38 am


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