We purchased a home with a large Koi pond. We now find that the pond is leaking and water is seeping throughout the yard and toward the house. There was no disclosure by seller but the pond maintenance contractor tells us that there have been leaking issues over the past year of his contract, that the pond was poorly Installed and that the sellers were aware of the issues. Do we have recourse to pursue financial aid from sellers. Contractor says we need to drain the pond and start from scratch.
State/Country relating to question: Ohio
Thank you for posting your question to JA/Pearl. Legal questions often take time for research or I may be offline so please be patient, I will reply.Ohio Revised Code Section 5302.30.(C) Except as provided in division (B)(2) of this section and subject to divisions (E) and (F) of this section,every person who intends to transfer any residential real property on or after July 1, 1993, by sale, land installmentcontract, lease with option to purchase, exchange, or lease for a term of ninety-nine years and renewable forever shall complete all applicable items in a property disclosure form prescribed under division (D) of thissection and shall deliver in accordance with division (I) of this section a signed and dated copy of the completedform to each prospective transferee or prospective transferee's agent as soon as is practicable.That requires the owner to divulge any known material defects. What you describe would certainly be a material defect. If the seller gave you a warranty deed, then you do have recourse against the sellers provided that you can find them. You will need the assistance of a real estate attorney. Here is a referral sitehttp://www.lawyer.com
Practicing attorney with expertise in easements
Contractor states at $ 10000 as the only way to stop leak is to drain and start fron scratch. Do I need to make sure he will testify to this and should I even bother contacting seller's Realtor before contacting an attorney?
The realtor is not going to assist you so there is no need to contact them. Your attorney can contact them if necessary. You do need a sworn affidavit from the contractor stating that the previous owners were aware of the problem.
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