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I bought a patio home in 2006. At the final inspection the…

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I bought a patio home...
I bought a patio home in 2006. At the final inspection the was VERY LARGE PIPE coming out of the ground in the front of my home, and I was told that will be removed in 2 weeks . Later, I found out this is an abandoned well. I have been promised over the years this will be capped. And todate the pipe has been removed GThe builder RYAN HOMES and PA EPA comes and checks it once a quarter, This was disclosed to me. In addition my home is on slab and this week I had to have my tile replaced (at Ryans expencse) and when the tiled was pulled up there was a crack in the cement slab..the size of a tile and Ryan personnel said this is not a problem and got some concrete and patched it. As the tile was further removed there was another patch job and it also is cracking. I am told this is not unusal and ther is no problem. Do have have any legal recourse with the abandon well and this slab cracking especially if there s problem in the future. thank You
Submitted: 8 years ago.Category: Real Estate Law
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Answered in 25 minutes by:
6/18/2010
Real Estate Lawyer: socrateaser, Lawyer replied 8 years ago
socrateaser
socrateaser, Lawyer
Category: Real Estate Law
Satisfied Customers: 40,150
Experience: Attorney and Real Estate broker -- Retired
Verified

You would have to "connect the dots." There is no proof that the well is causing the soil movement, which in turn is causing the foundation cracks. Assuming that you can prove that the contractor should have reasonably known that the well would be a problem and that the ground movement would cause future problems, then you would sue for latent construction defects.

 

There could be a statute of limitations issue here, because you purchased the property with knowledge of the well. This could potentially limit your right to sue to four years from the date of purchase, so, if you're thinking about doing something, then you need to find a construction defect attorney now!

 

For a referral, see: http://www.abanet.org/legalservices/lris/directory/main.cfm?id=PA and www.martindale.com.

 

Hope this helps.

 

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