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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4668
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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We built our home in Cherokee County, Georgia in 1999. The

Customer Question

We built our home in Cherokee County, Georgia in 1999. The lot was purchased from and house built by Southlife Homes, Dallas, GA. A section of the front yard has been gradually settling, the driveway settled, cracked and buckled; a 6x4 foot sink hole opened in the front yard; all caused by a trash pit of trees and limbs. We had the trash pit dugout and the driveway replaced last month at considerable expense. I sent pictures of problem and process to Southlife Homes and requested some financial assistance in the repair. My contention is that I purchased the lot from them and even if they did not create the trash pit, they as sellers of the property were responsible for full disclosure to me at to the condition of the lot. They even charged me a $3,00 premium for the lot. They have so far refused to do anything.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Irwin Law replied 1 year ago.

Hello. Whether the home builder knew, or should have known of the lot's condition when they sold it to you is a factual question that is further complicated by Georgia's six year statute of limitations on filing civil suits based on contracts. So I would say that any legal action you might wish to take at this point is very problematic. I can see lawyers requiring up front retainers and hourly fees rather than contingency fees, and litigation even over simple matters such as yours get very expensive, very quickly.

I hope that this information is helpful. Please click on a smiley face so that I will be compensated for assisting you. If you have a follow up question please send me back a Reply without entering any rating. Also, be sure to verify this information with a local attorney who is familiar with your local laws and procedures. Thanks again for using Pearl.Com- Just Answer. Your business is appreciated.

Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 4668
Experience: Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
Irwin Law and 9 other Real Estate Law Specialists are ready to help you
Customer: replied 1 year ago.


I can see that this could be expensive if I pursue it. Thanks for the advice. The other thing I pointed out to the builder in my letters is that at closing we received a "Owners Affidavit" that stated that "no violations of any restrictions have been imposed on said land.....". I Suppose statue of limitations would apply even though this portion of the affidavit was violated?

Expert:  Irwin Law replied 1 year ago.
That is correct. There is also the question of what does "violation of any restrictions" mean in the context of that particular affidavit. Thank you for your positive rating.

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