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Legal Advice: Basement Leaking in Recently Purchased House

  1. #26
    Fast is contagious JettaJayGLS's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House


    Quote Originally Posted by TheIglu View Post
    Well yeah, but you did buy a house that had evidence that it had won before. I really hate to pile on after everyone else was cause I feel your pain, but they are right. You bought a house that gets the pee-pee-pants.


    I bought a house with a leaky cracked foundation that the seller tried to hide (poorly, with a pile of dirty sewage soaked clothes). The crack in the poured foundation was allowing the cracked septic tank contents back into the house. Really super discovery.

    One of my first weekends with our house involved digging, by hand, a hole 8 feet down to hydraulic cement/plastic/tar the crack.

    I get water in once every few years, just a small puddle. Previously, it was a swamp down there.

    It's not the end of the world if you have to deal with it. If you get water, you get water. Keep your stuff up on pallets, or don't store anything valuable down there and keep a sump pump in good condition ready to go.

    Is it a poured foundation or block/stone?
    Block/stone. There is actually no sign of it coming through the wall block, but instead the slab. One leak is in the back corner. The other, much bigger leak, is actually in the hole cut for the sump pump.

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  2. #27
    Resident Turkey Tricky Mike's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    I have a pee pee basement every spring. My advice is to buy a Zoeller pump. I have two.

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  3. #28
    Super Moderator TheIglu's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    If it's coming up from the bottom, there ain't much you can do, bro-heem.

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  4. #29
    Fast is contagious JettaJayGLS's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by TheIglu View Post
    If it's coming up from the bottom, there ain't much you can do, bro-heem.
    I had big plans to get the walls re-pointed, now I'm wondering if this is a waste of time since they're not actually even leaking.

    Anyway, I just heard back from my lawyer and he said to reach out to the seller and see what he says. Will be doing so this morning.

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  5. #30

    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Sorry to say man but your realtor dropped the ball.
    You will need to see what's in the purchase and sale agreement. All the signs were there, your realtor should have put something in the P&S to cover you, or keep pushing the issue.
    Based on what you said so far you OKed it so I am not sure what you can do. Also know realtors are not lawyers, as a matter of fact most don't know two things about the law. Find yourself a good real estate attorney and consult.
    I have a great one in oxford if you want her info. No idea what she charges for something like that but I know she has done miracles before

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  6. #31
    Backwoods lobster boy number9's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    One thing you can try is the Massachusetts Bar's lawyer referral service. I used the equivalent in Maine and was quite happy. You get a free initial consultation and a very reduced rate for an hour or two, then it ratchets up if it gets more serious. The nice thing is that they connect you to a subject-matter expert, not just some random lawyer.

    Massachusetts Bar Association : Lawyer Referral Service

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  7. #32
    Changes come butcher bergs's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by TheIglu View Post
    If it's coming up from the bottom, there ain't much you can do, bro-heem.
    Underslab drainage. I know because I had to install one.


    Jay, call Rescon.

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  8. #33
    Super Moderator TheIglu's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    That sounds expensive.

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  9. #34
    Lifer
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    You should also get a battery back-up for your pump, in case power goes out in a storm.

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  10. #35
    Fast is contagious JettaJayGLS's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Yeah, I need to find some time to get the sump pump all sorted. I need to figure out the best way to permanently run it outside. I either go through the wood, or through the stone foundation. If it was a poured concrete foundation I would drill through. Since its stone, I'm not sure how viable of an option that is. Sadly, the whole work/life balance thing doesn't quite exist for me. With 1.5 inches of rain expected tomorrow, it may make for an interesting day. Home Depot is open late, but not quite 24/7.

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    Last edited by JettaJayGLS; 04-03-17 at 09:57 AM.
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  11. #36
    Soul Rider Paul_E_D's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Let the basement fill and enjoy the pool?

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  12. #37
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by Paul_E_D View Post
    Let the basement fill and enjoy the pool?
    If the damn boiler wasn't down there I'd be all for it! The dog would absolutely love it.

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  13. #38
    Lifer snwbrdr435's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    This is a bummer, at my parents old marthas vineyard place they ended up excavating a lower portion of the basement and installed sump there. How long a run of hose out of the basement are you using now?

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  14. #39
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by TheIglu View Post
    That sounds expensive.
    I was around $5k to run 53' of drain and seal a large crack in one of the walls. Two day job.

    Only thing I had to do was expose concrete. They cut the concrete, dug, disposed material and installed stone, drain pipe, pump and dry well and all drains leaving the house. The price made me squirm at first but the peace of mind was well worth the cost of admission.

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  15. #40
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by Bonk! View Post
    You should also get a battery back-up for your pump, in case power goes out in a storm.
    backup generator is a wiser choice, less expensive, and has more uses

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  16. #41
    Lifer snwbrdr435's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by butcher bergs View Post
    I was around $5k to run 53' of drain and seal a large crack in one of the walls. Two day job.

    Only thing I had to do was expose concrete. They cut the concrete, dug, disposed material and installed stone, drain pipe, pump and dry well and all drains leaving the house. The price made me squirm at first but the peace of mind was well worth the cost of admission.
    5k doesnt sound bad at all considering....

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  17. #42
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by snwbrdr435 View Post
    Hydraulic Cement
    if it actually worked, it could potentially turn the house into a boat and pop it right out of the ground

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  18. #43
    Burns retinas nhbubba's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Nah, it's a 4WD house. It'll stay put.

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  19. #44
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by RandyO View Post
    if it actually worked, it could potentially turn the house into a boat and pop it right out of the ground
    Or you could just get a couple guys to lift it.

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  20. #45
    Lifer snwbrdr435's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by RandyO View Post
    if it actually worked, it could potentially turn the house into a boat and pop it right out of the ground
    Well..... His basement wouldn't be leaking anymore!

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  21. #46
    Soul Rider Paul_E_D's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    That's what I was gonna say!
    Quote Originally Posted by snwbrdr435 View Post
    5k doesnt sound bad at all considering....

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  22. #47
    Fast is contagious JettaJayGLS's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by nhbubba View Post
    Nah, it's a 4WD house. It'll stay put.
    Come on...you know me way better than that. Its FWD with snows.

    5k does not seem so bad. I'm going to see what the seller will do for now. Rescon seems like a good bet after perusing their website . I've been dumping money in to pay the mortgage down, but I can reallocate to other things. At the end of the day, having a professional look it over and getting it done right will be my course of action.

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  23. #48
    Lifer
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    I'm reading your description thinking 'ya ya, lots of basements leak'. Then you said flowing. What do your neighbors experience? I'd be curious to know if they all have the same problem and how they dealt with it. You also might learn that they got the same question from the flipper.

    Isn't a solution in some cases to create a moat that runs the perimeter of the basement, with a slight slant to flow it all in to one corner where the sump pump is?

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  24. #49
    suburban ghetto living... black's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by aldend123 View Post
    I'm reading your description thinking 'ya ya, lots of basements leak'. Then you said flowing. What do your neighbors experience? I'd be curious to know if they all have the same problem and how they dealt with it. You also might learn that they got the same question from the flipper.

    Isn't a solution in some cases to create a moat that runs the perimeter of the basement, with a slight slant to flow it all in to one corner where the sump pump is?

    Again. takign a bit of a leap here... not sure your neighbor/ how close they are situation.. But are all their gutters or such dropping more water on your property? thus causing more water seepage?

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    hmmmm......

  25. #50
    Lifer PhilB's Avatar
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    Re: Legal Advice: Basement Leaking in Recently Purchased House

    Quote Originally Posted by JettaJayGLS View Post
    ... I also had them put a leaking basement into the warranty and they agreed. ...
    Quote Originally Posted by JettaJayGLS View Post
    ... I have also received a warranty with the house, which was included in the P&S. Specifically, in section 14, it states:

    "14. CONCRETE FOUNDATION AND FLOOR:
    It is not possible to prevent concrete from cracking because of the nature of the material. Cracking, pitting, and flaking occur and are not covered, except for those foundation cracks that emit water; these are covered for one (1) year. Cracks do not impair the structural strength of the dwelling." ...
    This seems like your strongest position.

    PhilB

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