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Andrew
Andrew, Lawyer
Category: Real Estate Law
Satisfied Customers: 175
Experience:  Attorney
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I listed my house on 4-28-17 to sell, on May 5-24-17 the

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Hi, I'm Corinne. I listed my house on 4-28-17 to sell, on May 5-24-17 the builder who is building a house on the lot next door discovered my sewer pipe was on his property. Who is responsible for paying for the pipe to be relocated, the builder or me?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: texas
JA: Has any paperwork been filed?
Customer: no
JA: Anything else you want the lawyer to know before I connect you?
Customer: I have a buyer for my house and we are scheduled to close this coming Thursday. The builder wants me to pay $1300 while he pays $800.His crew damaged the pipe twice by running over the sewer cap cracking the pipe on 7-12-17 & 7-15-17. The city notified him he was responsible for protecting the pipe. Just trying to learn what the law is regarding this.

Hello I am a licensed practicing attorney with 20 years’ experience hopefully I can help with your problem. Please give me a moment to review and respond to your question.

Sorry to hear about your difficulties. I understand that you want to resolve this matter quickly as not to scare your buyer off. First of all I would not take the builder's word in this matter. It may the case that you have an easement for this sewer line as it is attached to the cities main line. It also could be the case that you have a prescriptive easement as the line as been in place for a number of years I am assuming. Regardless of the situation there is a good chance that your sewer line had every right to be where it was.

If it turns out that this is the case then of course it would be the builders responsibility for fixing it. Additionally, as the builder was the one that damaged it in the first place and the city warned him to be mindful of it, sounds like the city believed he was responsible as well.

I would contact the city and get their opinion on this matter. Finally, if you are required to repair by the city then get an independent estimate for the repair work. $1300 does not sound overly expensive for this kind of work though.

Customer: replied 2 months ago.
I have already talked to the city, they say its between builder and I. I have 2 estimates from plumbers. He has 3 days to fix the pipe before closing. what should I do if he doesn't fix it by closing?

Well hopefully it will be fixed. If its not then all you can do is talk to your Buyer and explain to them what happened and that its being taken care of and is paid for and will be good as new. Hopefully they wont want to delay the closing if this happens. I understand you apprehension here. Sounds like the builder knows he has you over a barrel.

He should at least give you the $800 price since he is the one that caused the damage in the first place. He breaks your pipe and then wants to make a profit on it? I don't think so.

Customer: replied 2 months ago.
Can I hire you to represent me? If he doesn't fix it? I think I need to take him to court to make this right.

I can only give advice on Just Answer. You should definitely consult a local attorney to recoup your costs. You could also sue him in small claims court and represent yourself. It almost sounds like this contractor is scamming you.

Is there anything else I can help with? If not just accept and rate my answer. 5 stars is appreciated. Thanks!

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