Actually we posted this question on another message board and someone thought we would have a case. They sad if we can prove that owner # 2 knew about or should have known about the landslide and water damage (this is new…see below), then we have a case. We also found out after the original message posting that there was also water damage that occurred when the first slide happened and that was also not disclosed. We talked to a home inspection engineer today and they said there is a big difference in land settling and a landslide and he too feels that the landslide and water damage should have been on the disclosure form if owner # 1 told them about it. The problem was presented as "minor land settling observed…we had an engineer in to look at it and they felt it was safe " They also sad that minor land settling can occur and be observed with any home no matter if the house in on a hill or flat ground. He sad a landslide is major…not minor. There was no mention of the last owners adding rock to hillside…that came up in conversion with a neighbor. There is nothing in writing saying they done any repairs or added rocks to the land.
We are trying to obtain the disclosure statement from the sale where owner 2 purchased the house from owner 1.
Our neighbors said they originally talked to the contractors and owner 1 and was concerned that when they fixed the first landslide that work was not done correctly. He even called an Engineer to come and look at it and they too agreed the work was not done correctly. They have photos of the original repairs and we have a copy of them. They took the land from the first slide and pushed it out over the existing yard. This is the land that is slipping now. They think they did not put a drainage system in.
We have geology engineer coming in the next day or two and we are hoping to get this repaired ASAP.
Everyone that we have talked too so far feel that the land problem was misrepresented and we also should have known about the water damage. We called a lawyer yesterday, but we are waiting for them to call us back.
If any one else has any comments, please feel free to share them…
We purchased a home just over a year ago (Nov 2003) in West Virginia. The house is part of a housing development that was built in the early 1990s and in the last 2 weeks part of our yard has started to slide toward our neighbors house. Early estimates say it could cost up to $30,000 to fix the problem. We are the third owner of the home.
Our neighbor informed us that a few years ago the land slipped before up above our house and the dirt came to rest up against our house. Our neighbor said this happened when the first owner occupied the house. When we purchased the house over a year ago (from owner #2), nothing was mentioned about the slide except one little statement saying minor land settling. They said they added some rocks to the hillside to help hold back and prevent any future land slides. Nothing was mentioned about the major land slide that occurred when owner 1 had the house.
Our neighbor said they just took the land that came to rest on our house and pushed it out to make a new yard…this is what is currently sliding.
We will probably contact a lawyer, but if anyone has any advice and know if we have any recourse against owner 1, owner 2 or even the real estate agent?
Owner #2 might not have known about the slide, but if they did, should they have disclosed that info?
Also, if you need any more info, I will do my best to provide it.
Re: Previous landslide not disclosed - Posted by River City
Posted by River City on March 16, 2005 at 09:10:28:
No one else has commented on this, so I will. For starters, I am not an attorney. Nor do I play one on TV.
Your first hint of landslides was the following statement: “When we purchased the house over a year ago (from owner #2), nothing was mentioned about the slide except one little statement saying minor land settling. They said they added some rocks to the hillside to help hold back and prevent any future land slides.” That should have turned on a light inside your head that there possibly have been problems in the past with landslides.
Sellers disclose the negatives of their property to the extent that they are required by law, without actually killing the deal. Your seller told you there was a landslide and they added rocks to help hold back any future landslides. There was your disclosure. In my opinion they should not have been responsible for disclosing to you things that may have happened to the residence prior to the date they purchased it.
I do not believe you have a case against any of the previous owners or the real estate agent(s). However, that is just my opinion, and like I said, I am not an attorney.
On your next purchase, listen very carefully to everything that is said. And, do not be afraid to question everything. After all, it is your money you are spending.