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-   -   Can I sue the builder who sold us the house? (https://www.askmehelpdesk.com/showthread.php?t=293273)

  • Dec 17, 2008, 01:23 PM
    lllsmilelll
    Can I sue the builder who sold us the house?
    We have been living in a new constructed home for 2 years.
    The problem is the basement sump pump is running 24/7 non stop.
    Which means when we lose electricity the basement floods.
    We have had our basement flood 4 times already and this year we went and bought
    A generator just for the pump.

    If we had known this we would have not bought the house of course and it seems
    We are the only house with flooding problems.
    Our neighbors are doing fine without any generator.

    Is this something we can take to court or is it something we should have inspected and
    It is our own fault for not doing so?

    Thanks and warm regards.
  • Dec 17, 2008, 01:48 PM
    JudyKayTee
    Quote:

    Originally Posted by lllsmilelll View Post
    We have been living in a new constructed home for 2 years.
    The problem is the basement sump pump is running 24/7 non stop.
    Which means when we lose electricity the basement floods.
    We have had our basement flood 4 times already and this year we went and bought
    a generator just for the pump.

    If we had known this we would have not bought the house of course and it seems
    we are the only house with flooding problems.
    Our neighbors are doing fine without any generator.

    Is this something we can take to court or is it something we should of inspected and
    it is our own fault for not doing so?

    Thanks and warm regards.


    You can sue anybody for anything, pretty much.

    If you can prove that the contractor concealed a defect you might have a case. Otherwise I would say there is no case here.
  • Dec 17, 2008, 03:29 PM
    Fr_Chuck

    If the contractor did not follow zoning rules and regulations. Was this home built for a seller or was the builder also the seller ?

    Who decided the blueprints for the construction.

    Did the building inspector inspect.

    What type of drain fields and drainage is required by code.
  • Dec 17, 2008, 03:34 PM
    Saibasu

    It depends you need to prove that the contractor, did in fact leave out the details surrounding the issue. As well it is a part of a home owners responsibility to have a home inspection done before buying a newly built house. If you did not get a home inspector then that might affect greatly what happens.
  • Dec 17, 2008, 06:27 PM
    twinkiedooter

    Was the foundation properly inspected before backfilled? Are there gutters and downspouts with the downspouts far enough away for proper drainage? Your basement is flooding for a reason. Probably improper drainage or the gutter water improperly angled into the basement footing for it to flood.
  • Dec 18, 2008, 08:03 AM
    this8384

    Your basement shouldn't have enough water in it for the sump pump to be running non-stop. Where do you live that you have so much water?

    Obviously, the basement will flood when the power goes out because there's no power to run the pump. It happened to my dad this year and to us when we had those huge rainstorms this summer.

    Like Judy said, you need to be able to prove that the builder knew there was a problem and that he hid it prior to the sale of the house.
  • Dec 18, 2008, 08:21 AM
    LisaB4657
    The first thing you have to do is bring in someone to figure out what the problem is and what is causing it. Then you have to get estimates to have it fixed. You should get written estimates from at least 2 or 3 different contractors.

    After you know what's wrong and what it will take to get it fixed, then you can go back to the builder and confront him with the problem. If the builder is not willing to make the repairs then you can have the repairs made on your own and then sue the builder for the cost. Of course it's possible that the situation isn't the builder's fault but you won't know that until you start bringing in experts to diagnose the situation. Make sure that you get written reports and estimates from whoever examines the situation so you have something to show a judge.
  • Mar 20, 2009, 07:45 PM
    siandjas

    Possibly the connection has been damaged or disconnected as soon as the sump pumps discharge pipe leave the house. That would mean as soon as the water is pumped out of the house it is coming right back in? Just a thought since this actually happened to me?
  • Mar 21, 2009, 07:00 AM
    lllsmilelll

    Thank you all for answering!
    I think we will just keep buying the sump pump.
    It's our 3rd pump because its running non stop so all of them broke
    I think the motor can't take it.
    But we installed a sump that has guaranteed for life(wow huh? For life? )
    Probably will install a backup battery too :(

    Anyway thanks again!
  • Mar 21, 2009, 08:01 AM
    this8384

    A 3rd pump is going to turn into a 4th, 5th and 6th pump. You need to find the problem because you can end up with an even bigger issue if you don't address this one.

    As has been said before, a sump pump should not be running non-stop. You've already spent more money on pumps than you need to; there's a bigger problem if your basement is getting that much water in it.

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