Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I am having major isssues with my brand new home. Currently…

Customer Question
I am having major isssues...
I am having major isssues with my brand new home. Currently we are experiencing seperation from ceiling and wall ( up to 3/4" in some areas) I am told this is do to expansive soil and improper irrigation. In california am I responable for grading my property that kb homes built on?
Submitted: 2 years ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
3/5/2016
Real Estate Lawyer: Richard, Lawyer replied 2 years ago
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,752
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
Verified

Good afternoon Matt. My name is ***** ***** I look forward to helping.

The problems with regard to your new home are not the result of your soil and irrigation; rather, they're related to construction issues....specifically, likely due to a defective foundation. And, your builder is liable for this. What you want to do is raise the stakes on your builder. First, get an estimate from another contractor to evaluate the problem (because your builder is going to be biased toward a half-way fix) and for the cost to fully remediate the problem. Then, send your builder a certified, return receipt requested letter detailing the situation and demand the builder either fully fix the problem at their own cost or pay you what it will cost you to have the other contractor finish the job properly. Inform the builder that they do not comply with your demand within a short specified period of time, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as gross negligence, deceptive trade practice, and fraud causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, he will settle this without a hearing rather than risk punitive damages and the judgments being on the record.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Ask Your Own Real Estate Law Question
Customer reply replied 2 years ago
Thank you for your help. As far as you know am I responsible for the grading of my property I have done nothing to change the pre existing grade?
Real Estate Lawyer: Richard, Lawyer replied 2 years ago

You're very welcome....it's my pleasure to help. You are not responsible for the initial grading and drainage. ONLY IF: i) you had dramatically changed the drainage; AND ii) it's actually the drainage that's causing the issue would the builder have a valid defense. But, you have neither!

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Richard Your Own Question
Richard
Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 56,752
56,752 Satisfied Customers
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.

Richard is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

11,126 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,925 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

< Previous | Next >

Related Real Estate Law Questions
I received a rental property as a gift. The tenant damaged
I received a rental property as a gift. The tenant damaged the property and i had to repair it. I did not haendve the money to do so. I asked my friend who gifted to me to pay for the repairs untill i… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Im interested in construction lawer advice. Florida. Nothing
Nothing have been done yet, we are in the process of building our home with production building company. Their contract protects builder from any responsibility. We are not even aloud on construction site. But we know with a lot of rain and no roof shingles to protect interior, there probably extensive water damage and mold problems will arise. Im just trying to see if there any way i can protect my family from being in the house with mold and water damage. … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I have construction on a house happening that is adjacent to
Hi. I have construction on a house happening that is adjacent to my property. The builder knocked down part of my fence and has not repaired it. I have notified the building inspector and he has follo… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
My parents have closed on a new construction, with an escrow
Good morning. My parents have closed on a new construction, with an escrow holdback. The condition being when the home is completed the escrow will be released. The builder is now refusing to complete… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I own a commercial construction corporation in PA. We
Hello. I own a commercial construction corporation in PA. We erected a commercial building in NJ as a subcontractor. Our contract is not with the owner (whose business is in NJ) but instead with the c… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,524 satisfied customers
After initial approval of construction plans, I hired an
After initial approval of construction plans, I hired an architect and builder to prepare construction documents and contracted with a builder. When I approached to POA committee to pay the deposit to… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
I hired a contractor and architect to build my home, which
I hired a contractor and architect to build my home, which was completed about 6 years ago. We lived there for 5 years then sold about 6 months ago. the new owners discovered some drainage and imprope… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
We had a water damage in our house and with the help of a
We had a water damage in our house and with the help of a public adjuster, we were given monies to do repairs to the house. Since I was told not to use any monies for anything other than repairs, we s… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
Is it common practice, on a new construction, to ask for
Is it common practice, on a new construction, to ask for closing costs before the start of construction on a new house? … read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Paid Fairbanks Construction $20,000 to turn my patio into a
Paid Fairbanks Construction $20,000 to turn my patio into a sun room. … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
19,598 satisfied customers
I signed a construction loan with Brickstreet construction
I signed a construction loan with Brickstreet construction back in 2016. The contract stated that house would be complete approx. 6 month from permit. Well is be almost a year. Can I get out of my con… read more
Damien Bosco
Damien Bosco
Attorney
Doctoral Degree
4,524 satisfied customers
The city is putting a drainage easement and coming into my
The city is putting a drainage easement and coming into my backyard 20 feet. In the process they are removing trees and a 2 story playhouse. There is also a shed and sprinkler system and river stone r… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
Time is of the essence" in a construction contract. what
quot;time is of the essence" in a construction contract. what damages can i collect if my only direct consequential loss was inconvenience? I was scheduled to relocate to my winter home Nov1; contract… read more
Asad Rahman
Asad Rahman
Attorney
J.D.
2,437 satisfied customers
I had work done to my home and the contractor damaged the
i had work done to my home and the contractor damaged the ceiling after it being totally reworked. they have not scheduled repair or have they acknowledged the damaged. I have been seeking a timely cl… read more
LegalGems
LegalGems
Juris Doctorate
11,979 satisfied customers
A building contractor did water damaged work on my apartment
a building contractor did water damaged work on my apartment and i signed a contract with him and after the work was done he changed the dollar amount to a higher amount. the contract stated not to ex… read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
11,365 satisfied customers
We have damage in a bedroom caused from an outside drainage
We have damage in a bedroom caused from an outside drainage issue. Our insurname company covers damages from the walls in but not so if caused feom an outside drainage issue. Our HOA Board says we are… read more
Barrister
Barrister
Lawyer
Doctoral Degree
11,126 satisfied customers
Is there a required minimum gradient for drainage pathway
Is there a required minimum gradient for drainage pathway around slab foundation on a private dwelling? … read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,863 satisfied customers
There was a drainage problem with the air conditioner, and
There was a drainage problem with the air conditioner, and now some very rare records of mine that I inherited are ruined. I do not have renters insurance, but am asking if the landlord is liable for … read more
Ely
Ely
Counselor at Law
Juris Doctor
4,925 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x