Legal Question in Real Estate Law in Kentucky

Builder ignored code

The original owner of my house (10 years old) built the house ignoring instructions from the utility company as to where to run the main electric line. This original owner purchased two lots and the second owner sold the parcels separately. As a new house is being built on this separate parcel, the electric line was severed. In order to re-connect my house the utility company has ordered that the line will be run to the main box as directed originally (cost of this project $1900.00). Is there any legal recourse to make the original owner/builder pay for this? Thanks in advance for your assistance. I have contacted several attorneys who continue to refer me to other lawyers. (I think that this is something for small claims court)


Asked on 8/25/02, 11:46 pm

1 Answer from Attorneys
Philip Owens Philip M. Owens, Attorney at Law

Re: Builder ignored code

When you buy a home, you have to inspect it. I don't not think that you have any recourse against anyone. The rule for purchaser's of real estate is "Buyer Beware". You must inspect. The only time that a seller would be anywhere near liable is when there is a defect that he is aware of and that you could not discover on a reasonable inspection. This would only apply to your seller and not to his seller. The source of electrical service, code violations or other such items can (and should be)part of the inspection process. You took the risk and lost, even though you are essentially innocent. If you want electricity, you will have to comply with the Electric Company's instructions.

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Answered on 8/26/02, 7:18 am


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