Can I sue the seller for improper grading and drainageregarding a new driveway?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I sue the seller for improper grading and drainageregarding a new driveway?

I bought a home a month ago. The seller, a real estate investor who bought the home to flip, had installed a brand new driveway. At the time of inspection there was a lot of fresh hay recent grass seed and no evidence of drainage issues, despite recent rain. Now that the hay has deteriorated, water is pooling against my driveway for most of the length of it after a good rain. It is taking it several days to a week to drain. There are visible mosquito larve in the pools. The driveway elevation is 3 to 4 inches above the soil, and the yard clearly slopes downward toward the driveway. New Link Destination
me it seems it should have been very obvious to the contractors who graded and installed the driveway and to the seller that the yard would not drain properly. Does the seller have any responsibility to this problem or am I on my own?

Asked on June 20, 2019 under Real Estate Law, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The issue is, was it obvious to the seller that there was a grading, drainage, etc. problem? If it was and the seller failed to disclose the issue and/or covered it up (e.g. put down fresh seed, etc. to disguise the problem), then the seller likely committed fraud: misrepresented a material fact. That fraud would allow you to cover compensation, such as the cost to re-grade or otherwise correct the situation (e.g. install drywells or drains). But if the seller did not know, he or she is not liable: you can't disclose that of which you are not aware, so there would be no fraud. Since as the person suing (the "plaintiff") you'd have to prove you case, as a practial matter, the issue becomes whether you can prove in court with evidence that the seller was or should have been aware of the issue (e.g. show there had been prior flooding in that area which was covered up). If you can't prove your case, there is no point in suing: you will lose.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption