How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask ScottyMacEsq Your Own Question

ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12118
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Legal Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

My husband and I bought our house in 2007 and we were just

Resolved Question:

My husband and I bought our house in 2007 and we were just recently informed that our house was built on wood chips. The builders of our community are now digging up everyone's backyards trying to fix the problem for the second time since all the houses were built in 1996. When we bought our house no one ever disclosed to us this problem. Can any legal action be taken?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

ScottyMacEsq :

Thank you for using JustAnswer. I am researching your issue and will respond shortly.

ScottyMacEsq :

do you suspect that the previous owner of the property knew about the house being built on woodchips and failed to disclose it? Or are you talking about whether or not you have any legal action against the builder?

Customer :

i dont believe that the previous owner knew. We are personal friends with them and they were the 2nd owners.

ScottyMacEsq :

do you know when the first time the builders tried to fix this problem?

Customer :

No i dont

ScottyMacEsq :

How do you know it's the second time that they've tried to fix it?

Customer :

A few of our neighbors are original owners of their houses and they told us this info.When the houses were first builder there was a lawsuit brought on them by the community.

ScottyMacEsq :

I understand that this is a long shot, but you happen to know of the outcome of that litigation, or whether there was a settlement in that case?

Customer :

No im not sure

ScottyMacEsq :

thank you. First of all, you need to know that Florida has what's known as a statute of repose, which means that after a certain period of time following construction, regardless of when the defect was known, it would be too late to sue the builder.

ScottyMacEsq :

in Florida, that amount of time is 15 years

ScottyMacEsq :

Now there are exceptions, and that if they had Artie been sued, or had entered into a settlement agreement with a prior owner of your house, then that agreement would control. You would not be of the sue them for the original construction, but you might be able to based upon any settlement agreement that they have agreed to.

ScottyMacEsq :

at this time, you need to gather as much information as you can, and allow the builder to attempt to rectify the situation. If the builder can fix the situation without any damage to your property, then you would not have a case anyway, since you would not have any "damages".

ScottyMacEsq :

You need to be able to show damages to be able to win.

ScottyMacEsq :

Now I would suggest getting a foundation expert out there to determine what needs to be done, both before and after the builder attempts to fix the problem. If it still is not fixed, I would suggest getting an attorney to assist you in bringing a case against the builder.

ScottyMacEsq :

Again, you may not even have a case depending on the terms of the settlement agreement, etc.

ScottyMacEsq :

As for failure to disclose, the only party that has a duty to disclose is the prior owner of the property. If you do not believe that they had any reason to know about the condition, or they in good faith belief that the condition was remedied, then there would not be a case against the prior owner.

Customer :

The foundation in my garage is cracked and there are stress fractions all over the outside of my house. Does that mean anything?

ScottyMacEsq :

I would get a foundation expert out there to tell you definitively that it is because of the woodchips, rather than some other issue (such as typical settling). But that could help you establish damages in your case if they cannot rectify the situation, and assuming that you can show that there was not a prior agreement with a previous owner regarding this issue

ScottyMacEsq :

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and good luck to you!

Customer :

thank you

ScottyMacEsq :

My pleasure.If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, and again, good luck to you!.

ScottyMacEsq :

Did you have any other questions before you rate this answer?

ScottyMacEsq :

Are you there? Please note that I am still here, awaiting your response.

Customer :

no i dont thin k so thank you

ScottyMacEsq :

Again, my pleasure. If there's nothing else, please rate this answer so it will close out and allow me to assist other customers. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it a 3, 4, 5 (good or better) AND press the "submit" button, Thank you, and good luck to you!

ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 12118
Experience: Licensed Texas General Practice Attorney
ScottyMacEsq and 5 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 

Related Legal Questions

Chat Now With A Lawyer
ScottyMacEsq
ScottyMacEsq
Lawyer
12118 Satisfied Customers
Licensed Texas General Practice Attorney