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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?
i dont believe that the previous owner knew. We are personal friends with them and they were the 2nd owners.
do you know when the first time the builders tried to fix this problem?
No i dont
How do you know it's the second time that they've tried to fix it?
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.
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?
No im not sure
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.
in Florida, that amount of time is 15 years
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.
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".
You need to be able to show damages to be able to win.
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.
Again, you may not even have a case depending on the terms of the settlement agreement, etc.
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.
The foundation in my garage is cracked and there are stress fractions all over the outside of my house. Does that mean anything?
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
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!
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!.
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no i dont thin k so thank you
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