Legal Question in Real Estate Law in Georgia
My husband purchased a new construction home almost 7 years ago. Since that time we have begun finding building debris and garbage surfacing on the property. When we embarked on a landscaping project we uncovered and subsequently hauled away tons of bricks, pipes, glass and trash. It seems impossible that our builder did not know about this as it was barely an inch beneath the surface in most places. Digging anywhere on our lot and will produce the same types of debris.
It was not disclosed as a dumping ground on the Seller's Disclosure. We have no idea how much or what exactly is buried because we stopped digging after removing 2 large construction dumpsters with no end in sight. We have no idea where to begin with this problem - is there any recourse with the builder after this much time? Thank you for any help you can give!
1 Answer from Attorneys
What recourse of lack of recourse you have depends in great part on what is (and is not) in your paperwork. It also depends a great deal on whether you were diligent and did the appropriate inspections at the time, and why you failed to discover or deal with this for 7 years.
The answer also may depending on building codes in your city or county, and you may find you local building inspectors to be a useful source of information.
In most cases you probably don't now have a claim, but, depending on the above, you may. Get your paperwork together and see a real estate lawyer before doing anything.
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