Posted by Sailor on August 26, 2007 at 14:49:05:
I’m sorry you are having to go through this, & I hope your attorney gets on this right away for you. This is something that going to affect the value of your property, if for no other reason than you w/have to disclose the history to any new buyer.
I would look very carefully @ your paperwork to see if there is any sort of disclosure that you didn’t catch originally. Sometimes folks sign so many things @ once when buying a house that they miss the significance of some of the fine print. I have seen Califonria buyers sign acknowledgments of the presence of multiple earthquake faults beneath their homes w/out realizing the eventual consequences.
Time is of the essence if you do have a legal case, so if your attorney does not proceed quickly you may have to search further. I would definitely give any potential case to someone who has good knowledge of this field & has handled similar situations. A general practitioner or someone who does not specialize in RE is not going to be able to get what you need.
In the meantime, I’d poke around the county bldg dept & see what you can find out. I’d bring some chocolate doughnuts & make a friend or two. I’d also be researching all the principals & contractors who ever had anything to do w/the property. There may be a legal history. Betcha there might be other properties involved, as an underground stream can be lengthy. Neighbors can be a wealth of info. Note that if there was an agent who knew the history of the property & failed to disclose you may have recourse there. Good luck, & do keep us posted.