Legal Question in Real Estate Law in Georgia

Standing water

After buying my house last year, I noticed standing water in backyard and informed builder. He was supposed to have fixed the problem. When rainy season started it continued, but now he is dead. His wife was to have her grader fix problem when he graded her yard for the house she built 2 lots down. He hauled in dirt and built her yard up, now my lot is holding more water and it stinks. I've had 2 different graders to come give estimates and they say they won't touch it. Water department said the only way to fix problem is to put in a catch basin and drain in my back yard. So instead of fixing my problem the builders wife has made it worse. My warrenty expired 8 days ago but I have been trying to get this fixed for almost a year. What can I do? I cant afford the drainage system they say I need. Please Help!!


Asked on 3/24/07, 10:27 am

2 Answers from Attorneys

Robert Thompson J. Robert Thompson Attorney

Re: Standing water

you may have causes of action against the wife as a property owner, for contributing to the problem.

If contractor was an individual (not incorporated) you probably have a cause of action for breach of warranty against his estate, or against his wife as a beneficiary (if she inherited anything).

You may have cause of action against his corporation, but it may have no assets at this point.

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Answered on 3/25/07, 2:05 pm
Charles W. Field Charles W. Field, Attorney at Law

Re: Standing water

Consult with a local attorney about a claim against his estate or insurance company.

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Answered on 3/24/07, 3:38 pm


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