On December 13, 2006 a local home builder put 2 new houses across the street from me. They used an excavating company to dig a ditch and install a new sewer system in my Utility Right of Way by the road. They covered the pipes up and have not touched my property since. I told them I was going to sell my house in the Spring, and needed it fixed ASAP. Well since then, I have tried to contact them several times, called, stopped by their office and find out a time frame.
Still, I see them drive past and look at my property, but never stop or call. It is now April 3, and no sign of any work going to be done. I just received an estimate for $2750 to have it repaired. Everyone who comes to look at my beautiful house for sale asks about the damage up front.
WHAT DO I DO? Is there a certain period of time they have to repair it? Do I take them to small claims court? I live in Ohio and it is now spring. Need help ASAP, my house is for sale and my property looks terrible.
2007-04-03 02:54:59 · 9 answers · asked by MEME R 1 in Home & Garden ➔ Maintenance & Repairs
I would talk to a lawyer. You could also ask your realitor if they know of any good lawyers that deal in this sort of thing.
2007-04-03 02:59:02 · answer #1 · answered by leaptad 6 · 1⤊ 0⤋
I'm not quite sure about the damage you are talking about. Is it that they didn't replace the sod or do you still have an open ditch. Most of the sewer lines in subdivisions here, are in the middle of the road and houses on the other side of the street would not affect my property with their sewer lines.
Since you already have an estimate for the $2750 worth of damage they did. Show them the estimate and tell them either to repair it or you will have it repaired and file charges for the amount plus court costs. You may be able to stop them from selling their houses, if you can get something like a restraining order or a lien against the property until they pay you or fix the problem. You had best get a lawyer to find the right terms and language. Good luck.
2007-04-03 03:10:45 · answer #2 · answered by Fordman 7 · 0⤊ 0⤋
I'm not quite sure what damage you have suffered. Is there some functional or cosmetic damage to your property? If so contact an attorney. Especially if you can prove that you have lost a sale opportunity as a result of the damage.
You could sue for that lost sale and the cost of the repairs.
I don't see why you should have to pay for any repairs if they caused the damage.
Contact an attorney for an accurate assessment of your situation. It's worth $100 bucks or so to know where you stand and how much influence you can bring to bear.
Good Luck.
2007-04-03 03:05:54 · answer #3 · answered by octopussy 3 · 0⤊ 0⤋
Get yourself a lawyer and start putting pressure on them. The lawyer will know what torts, laws or local ordinances cover your situation, and be able to guide you through the process -- even if it's just to get you what you need and send you off to small claims court.
You may indeed wind up having to do the repair yourself in order to sell the house, but that doesn't mean you can't pursue the claim afterward.
2007-04-03 03:03:37 · answer #4 · answered by Jarien 5 · 0⤊ 0⤋
Send them a certified letter giving them a week to contact you about repair to your property. If they dont respond within a week of recieveing it, go to the court house and file a claim againt their company for the ammout it would take to have it repaired by a reputable organization. Once they are served with notice of you taking court action against them, they will hurry up and fix it.
Bear in mind that in a court case, like small claims, you have to have the work done, then sue for reimbursement, but if the ammount to have it fixed exceeds the small claims court limit, you may need to contact a lawyer to represent you, incase you have to go to superior court.
2007-04-03 02:59:10 · answer #5 · answered by Anonymous · 0⤊ 0⤋
Call your local city or county Building Permit office. Explain it to them and see what your options are. Even if you go to court, that doesn't mean you will get the work done or paid back. You will have a judgement, but collecting it is another story.
2007-04-03 03:26:07 · answer #6 · answered by sensible_man 7 · 0⤊ 0⤋
This is a great question.
I would call some other contractors and ska them what their policies are. You will most likely gain some valuable insight as to this particular companies standards. You can also check with your local city offices and see if they have any suggestions.
2007-04-05 10:46:32 · answer #7 · answered by Tom T 3 · 0⤊ 0⤋
In Canada they builders under contract are allowed up to almost 2 years.
2007-04-03 02:57:53 · answer #8 · answered by Anonymous · 0⤊ 0⤋
Contact your state's contractors licensing board. Make a complaint to them. Contractors that want to stay in business can not afford to ignore the licensing board.
2007-04-04 04:50:30 · answer #9 · answered by big_mustache 6 · 0⤊ 0⤋