My husband and I just bought a house that's a new construction
. (It was on the market; we didn't contract for it to be built.) On closing day, we did the final walk-through with the builder and our realtor. The builder had re-sodded the backyard because it had previously be messed up by standing water. He explained to us that he had dug a trench and re-routed the water, but if that didn't work to call him, let him, and he had other things he could try.
Fast forward 10 days to when we moved in. The backyard in that same area was a soggy mess. The trench was an active stream, and has gotten wider. Behind our fence is additional wooded land that is ours. Today, I went back there to see where all the water was coming from. There are two staked-off area where the builder put up sheets and gravel, trying to stop the water. I followed the water upstream...and found a culvert, mostly hidden by moss, disposed-of sod, and large rocks. Dumping water down into our backyard. It was not disclosed to us in any way at all that this was there.
Now, we're in the situation of likely not being able to impede the flow of the water because the city owns this (the only easement
we were told of was a sewer easement just behind our property line, which we're fine with). Also, it will cost THOUSANDS of dollars for a drainage
specialist to fix this. We've emailed the builder multiple times, but he has not responded.
I know that we have an implied warranty
in my state (NC). However, what other options do we have? We NEVER would have bought this house had we been presented, fairly, with all the information. I'm not even able to let my children play in the backyard because it's so wet. This was supposed to be our dream house, and I hate it.