Expert: liznarr - 4/7/2008

Question
My wife and I bought our first house not long ago (August of last year).  Its been a great house so far.  However, the front yard is really sloped towards our house from the street.  If you are standing in our kitchen, looking out the window, the street level is probably equal to our stomach or lower chest.  So there is a good 3-5 foot drop from the road to our house...and the road is probably only about 40 feet or so from our house.  I was concerned about this when we first bought the house, b/c of drainage issues.  But, we first looked at the house after 3 heavy days of raining, and there was no standing water in front of the house and appeared to all be just fine.  We do have a french drain right in front of our porch that helps very much.  We should've asked more questions but we didn't, but nothing about this issue at all was on the seller's disclosure.

However, within a few months we quickly realize that we have a problem.  When we get one of the normal Texas thunderstorm downpours...water runs from the street (which is another issue, we have no curb or ditch...the oil paved street runs straight onto our yard), down our sidewalk, right onto our front porch.  If it rains hard for a few minutes, we soon have a front porch completely covered in brown muddy water, and our french drain is working overtime trying to get all this water somewhere else.  Sometimes, if the french drain clogs w/ leaves or debris....I have to wade out in the freezing rain water (during an intense lightning storm) to hand clear the drain so it starts working again.  Otherwise the water will eventually come into the house.  This past week, we had a few days of heavy rain...and it came as close as its ever gotten to coming in the house.  It had worked its way up 4 "notches" on our metal threshold coming in our front door.  It was about halfway up the threshhold.  On our front porch, after the water had receded...you could see the line where the water level was...and I'd say it was bout 3-4 inches.

Thats not the biggest problem though....last night, we realized our house smelled kinda funny.  Then we realized it smelled like mildew/mold.  We discovered that our carpet was wet along the front two bedrooms along the wall that faces the street.  Water had made its way into our house.     Upon pulling the carpet back, we realized its soaked about 18-20 inches from all 3 walls (walls adjacent to the street facing wall). In two rooms, nonetheless.

Now, i'm trying to figure out my next course of action.  One, I think the sellers should be somewhat responsible and should share the cost of fixing this.  Theres no way this didn't happen to them in 5-6 years of living here, when we've almost had water in our house 5-6 times in 8 months.  Two, should the city be partly responsible?  I contacted the city after the first time we almost got water in the house.  The guy I talked to say that the previous owner talked to him about a curb and ever offered to share the cost with the city.  But he said it isn't plausible b/c you can't just put a curb infront of my house, you have to go to the crest of the hill.  By the way, my house is a corner lot, and my nextdoor neighbor's house is much higher than mine..so his water flows into my yard as well.

We could put another french drain in as well, I think.  We've also talked about adding a flowerbed in front of the house (we currently have shrubs but no firm boundary...just grass into dirt).  I just don't know what my next move should be.  I am contacting the real estate guy tomorrow...and i'm also thinking about calling the city. Should I get some advice and an estimate from a landscaping company and ask the sellers to pay for it?  If they refuse?  Thanks for any help you can provide!


Answer
Hi Jeff,

Sorry to learn of your flooding problem.  I agree with you that your flooding issues probably did not just “start” happening after you purchased the property with the amount of drop in elevation you are describing, and my guess is that the Sellers probably were aware of the water issues.  This, however, you will have to prove.

If you can prove that the Sellers knew and falsified their seller property disclosure form, that is fraud (intentional misrepresentation); and there can be SEVERE consequences for that.

You probably need to consult with a good trial attorney in your area for legal advice, but I’ll give you some suggestions, also.

Ask your closest neighbors if the water problems were evident prior to your purchase.  Get as much information as possible, and get signed, notarized statements from neighbors if they are willing to do so.  

Be sure and take pictures of both your damage and the water when you have your next really heavy rain.

Since you are in the City limits, it would only make sense to me that if the City provides drainage services to any areas at all, they should be provided city-wide, which would include your property.  Do some homework and then contact your City again.

It’s interesting to note in your question to me, you said when you called the City, “The guy I talked to said that the previous owner talked to him about a curb and even offered to share the cost with the city….”  

That comment tells me that the previous owner was having problems, possibly the same kind you are having.  Since this City person you talked with disclosed a previous owner’s request to you, it must be of record.  

Call back and find out the name of the owner who made that request of the City.  If it’s the Seller you purchased from, you might be well on your way to documenting the fact that this Seller WAS aware of the flooding problem and did NOT disclose it to you when you purchased.

You might have to sign and submit a Freedom of Information Request to the City for the information to be disclosed in writing; but if so, do it ASAP.

If it was someone other than the Seller you purchased from, contact this prior owner and ask all the pointed questions you can think of.  And ask if he/she/they are willing to give you a notarized statement.

Most cities have a City Attorney.  If you need additional help, call your City Attorney’s office and ask about ordinances, regulations, laws, etc., regarding the City’s responsibility to provide proper drainage to properties within the city limits.  There might even be an ordinance about drainage from your adjacent neighbor’s property coming onto your property.

You didn’t say whether or not you used the services of a home inspector.  If you did, the home inspector should have called and reported an issue like this.  Home inspectors, like Realtors, should carry Errors & Omissions Insurance Coverage for such events.  

Any Realtor involved in either or both the listing and sale of this property could also potentially have some liability.  With Realtors, it’s not always “what we know,” but what we SHOULD have known.

If the City cannot help you (and you might really have to PUSH them hard to get what you are entitled to in the way of drains being installed), get estimates to correct the problem and then visit a good trial attorney and go from there.

I would suggest that you contact an individual or company who is an expert in correcting water drainage problems.  Landscaping and/or adding another French drain might help “some,” but in and of itself, neither of these is going to solve your problem.  You need to STOP the water before it rushes onto your property in huge amounts.  

I have dealt with some serious water drainage issues during my 24 years in real estate, and yours sounds pretty severe.

If you are able to document that the Sellers you purchased from knew about the issues, you could send them a certified letter, along with your proposals/estimates to correct.  Give them the legal time required to respond and pay up, or let them know you plan to seek legal remedies.  

If the previous Seller knew about the water issue and did not disclose properly to you, don’t expect them to “fess up” or even pay up now.  If they do, that would be great, but do all your homework up front and get estimates, statements, etc., as if you were getting ready to go to Court.  That way, if the Seller doesn’t do the honorable thing, you can immediately proceed with whatever legal action you might want to take.

For any future house purchases you might make, never close without a home inspection by a licensed, qualified home inspector who carries insurance.  Always be on the lookout for possible water problems and have an expert come in to comment on any issues you suspect.

Good luck to you, and write again if you have additional questions.

Regards,
Elizabeth