Legal Question in Real Estate Law in Ohio
I purchased my home in June of 2007 and have since had several instances of water coming in through the basement.
In August of 2007 I had about 6 inches of water as a result of heavy rainfall. All the neighbors on my road experienced the same issue. Concerned, I called my realtor and advised the situation but ultimately decided this may be a "one-off" and didn't seek any further action.
Now only two years later (July 2009), I received another bout of heavy rainfall and again had 6"+ of flooding in the basement (ankle-deep). This time, I was able to witness first-hand that the water was literally spraying from cracks in the foundation and seeping up from the ground. Both of these severe instances resulted in substantial property damage and loss.
I have experienced some mild cases of water in the basement in between these two severe incidents, but assumed it was a gutter problem. I thoroughly cleaned my gutters (spring 09) and did not have any further complications until the most recent incident (July 09).
My question is this: what financial responsibility does the previous owner hold in regard to waterproofing the basement if the problem was never disclosed to me or my realtor when the home was purchased? I can whole-heartedly say that I never would have purchased a home that had basement water problems -- even if said problems were few and far between. It may also be worth mentioning that the furnace and washer/dryer are on elevated cement surfaces. I can't believe that is purely by coincidence.
Also, I did receive a home inspection in either April or May of 2007 before buying the home, but no evidence of water entering the home was found with the exception of a leaky water line inside the home (the seller was asked to fix these prior to me moving in, which they presumably did).
Do I have a case that would likely hold up in court -- meaning, would it be worth my time to file a suit if it comes down to it?
1 Answer from Attorneys
Dear Flooded: It is quite possible that the foundation waterproofing and drain tile system was not properly constructed, with sufficient coarse grave.l or stobne, to permit heavy rain or melting snow to find its way into the drain tile system without causing undue hydraulic pressure against the foundaation walls. (Whew! - I said all that, in one long sentence, without inhaling!)
Unfortunately you may have an expensiove repair or remediation. But, contact an Attorney ASAP because, you may have to file your claim (lawsuit) before your time runs out - i.e. Statute of Limitations, after discovery of the claim in August 2007.
Your builder may be the culprit, together with the installer of the drain tile system.
Your entire street may have a class action claim as well. CONTACT AN EXPERIENCED ATTORNEY ASAP!!!
Good luck.
Sincerely, J. Norman Stark, Cleveland
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