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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.
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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?