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I am a small developer of SFR's in S. California, we

Customer Question
I am a small...

I am a small developer of SFR's in S. California, we purchased two in fill lots in an established neighborhood which required a septic systems. Prior to building the homes, the County Health Dept. who oversaw construction of the systems and who signed off on them. We proceeded to develop the two properties putting hundreds of thousands into construction. When it came time to call in for final inspection, we were notified that there was a condition with the septic systems which had to be met before they would do a final inspection and they wrote us a letter detailing the condition stating they feel the secondary back up leach field was too small to accommodate a sustainable reserve and therefore could not pass the systems. We were never informed 6 months ago and hundreds of thousands poured into the development that such a condition existed and that we may never pass inspection for a final and Certificate of Occupancy. The homes were sold and have been in Escrow and the new Owners are anxiously awaiting completion. Are we victims of the Counties lack of correspondence to us with no legal recourse? We stand to loose a half a million and someone should be held liable as they signed off on the job card prior to us starting construction. Had we known the condition existed, we would have never proceeded without trying to rectify the problem and wasting valuable resources.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Riverside County, California

Lawyer's Assistant: Has any paperwork been filed?

Not yet

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I don't think so.

Submitted: 8 months ago.Category: Real Estate Law
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Answered in 5 minutes by:
9/29/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 12,218
Experience: Licensed to practice before state and federal court
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Real Estate Lawyer: Legal Eagle, Lawyer replied 8 months ago

This to me sounds like a classic case of negligence by the county because they failed in their duty to properly communicate with you regarding the septic system.. Negligence simply means that there was a duty that the other party owed and they breached that duty in some way. What is most important is that it is proven that the defendant breached their duty of care because that is what mostly determines whether there is a cause of action. Basically, the question is, “Did the defendant’s (Riverside County’s) actions fall below the standard of care for a reasonable person in a similar situation?” If the answer to that question is yes, then there is negligence and you are entitled to damages. Damages can be difficult to calculate, but if you click here you can use a calculator help you understand. Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.

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