Recent Topics
Wix 57045
by electricmarquis - 06/06/20 08:42 AM
VW GTI
by greenjp - 06/06/20 08:25 AM
Mower Engine Got Drenched With Oil
by viscous - 06/06/20 08:19 AM
Mobil 1 versus Motul for a 2020 Camry 0w16
by Amkeer - 06/06/20 05:52 AM
Slowest lap ever...but legal...
by Shannow - 06/06/20 05:15 AM
Another SCORE !!!
by GMguy84 - 06/06/20 02:24 AM
Is it just me...
by daves87rs - 06/06/20 01:26 AM
Total Repair Costs over 200,000 miles
by Palut - 06/06/20 12:08 AM
Vredestein will start making American-market specific tires
by slacktide_bitog - 06/05/20 11:33 PM
Fried plantain question
by aquariuscsm - 06/05/20 11:08 PM
Castrol Edge LL IV 0w20, not majority PAO
by wemay - 06/05/20 09:08 PM
Fram Titanium 20k mile oil filters at AAP....
by bbhero - 06/05/20 09:04 PM
D-Day 🇺🇸
by kstanf150 - 06/05/20 08:57 PM
Husqvarna 5.2 ounce 2 stroke oil .39 ymmv
by maintenanceMan - 06/05/20 08:53 PM
Mobil 1 Permazone
by maverickfhs - 06/05/20 07:47 PM
2 stroke oil
by opus - 06/05/20 06:19 PM
McKinney Falls State Park - Austin, TX
by wwillson - 06/05/20 05:22 PM
Gen 5 Rams (2019+)
by The Critic - 06/05/20 05:03 PM
Newest Members
viscous, Roamingtxn, 3Dperf, LouK2, Michael328i
71618 Registered Users
Who's Online Now
85 registered members (Astro14, aquariuscsm, Best F100, 2015_PSD, alarmguy, 4WD, 5 invisible), 1,857 guests, and 71 spiders.
Key: Admin, Global Mod, Mod
Forum Statistics
Forums67
Topics306,282
Posts5,289,561
Members71,618
Most Online4,538
Jan 20th, 2020
Donate to BITOG
Print Thread
Hop To
My front yard is a mess from whoever the previous owner hired #5415020 04/27/20 08:33 PM
Joined: Dec 2012
Posts: 2,117
R
redhat Offline OP
OP Offline
R
Joined: Dec 2012
Posts: 2,117
I wanted to see if you all thought what I am thinking sounds reasonable.

In November of 2019, my wife and our closed on our first house. We have a septic system. Probably around September-October, we were informed that the dye-test performed by the Erie County DOH failed and that the seller would have to make the necessary corrections... so new absorption trench. Time went on, and we closed in early November. When inquiring about the absorption trench, we were told a couple of different answers. One, that it was completed, and two that it would be done in the Spring as it had started snowing and seemed like winter was here.

So we were prepared to wait until spring. No real concern for us. As far as we knew, we were not anticipating anyone coming onto our property or doing any sort of work.

A week after we moved in (week after we closed) my wife and I came home to a huge mound of dirt, gravel, huge ruts in the front yard, chunks of PVC, etc. So we assumed the absorption trench was done just then and there.

OK fine, winter came and now it is finally spring. My wife called our lawyer once and they told us "Yes the work is all done and the dirt is yours to keep".

So that strikes me as odd. I am happy that it is all set, but I would expect the yard to be re-grated and seeded. As it stands, my yard is a mess. Also, they messed up a good portion of my neighbor's grass next to her driveway -- that isn't a good impression for the new people to the neighborhood to make. I am thinking I should contact my lawyer again and see what the deal is and get this taken care of.

My biggest question to you all is, am I expecting too much to have a yard somewhat resembling the properly and house that I agreed to and bought. I feel like the lack of communication is also a problem. The guys who did the work -- shouldn't they be contacting me before even going onto my property. I can understand many things, but just seems like since the date of closing -- I have assumed the property and for all intents and purposes this could be considered trespassing. Not that I would take it that far or really do consider it such, but I guess I'm expecting more (different approach)?

Thanks for your thoughts. Good evening all.


20 Accord 2.0T - M1EP 5W-30, PLM A02, 2k
19 F150 2.7 - MCSB 5W-30, FL2062, 18k
84 JD 316 Repowered w/Vanguard 18
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415032 04/27/20 08:39 PM
Joined: Feb 2013
Posts: 12,276
Nick1994 Online Content
Online Content
Joined: Feb 2013
Posts: 12,276
I'd have to see a picture to really understand how bad it is.


2015 Hyundai Genesis 5.0L 61k Dealer Bulk SynBlend 5w20 & OEM
2000 Toyota Camry 2.2L 239k Mobil Delvac 15w40 & Fram Ultra
1996 Jeep Cherokee 4.0L 150k Rotella Gas Truck 5w30 & Wix
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415036 04/27/20 08:43 PM
Joined: Jun 2012
Posts: 2,572
O
oldhp Offline
Offline
O
Joined: Jun 2012
Posts: 2,572
Something isn't right. If I had bought the property and somebody comes on it without my permission, does some kind of work, leaves a mess and just leaves????? That somebody would be getting sued from my (your's) lawyer. How do you know the work is done? Done right? Was it inspected by Erie County DOH? Did you get the paper work saying all was good?
I smell a rat.


"None of us are getting out here alive...drink that beer...eat that pizza...drive that Hot Rod"
"When others cut you down, remember where they came from."
"I don't run...........I just quietly wait"
Re: My front yard is a mess from whoever the previous owner hired [Re: oldhp] #5415038 04/27/20 08:44 PM
Joined: Dec 2012
Posts: 2,117
R
redhat Offline OP
OP Offline
R
Joined: Dec 2012
Posts: 2,117
Originally Posted by oldhp
Something isn't right. If I had bought the property and somebody comes on it without my permission, does some kind of work, leaves a mess and just leaves????? That somebody would be getting sued from my (your's) lawyer. How do you know the work is done? Done right? Was it inspected by Erie County DOH? Did you get the paper work saying all was good?
I smell a rat.


You're right, I do not know if anything is done whatsoever. I am just assuming. I think I need to get on the horn.


20 Accord 2.0T - M1EP 5W-30, PLM A02, 2k
19 F150 2.7 - MCSB 5W-30, FL2062, 18k
84 JD 316 Repowered w/Vanguard 18
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415048 04/27/20 08:59 PM
Joined: Apr 2009
Posts: 970
W
walterjay Offline
Offline
W
Joined: Apr 2009
Posts: 970
You need to get in writing that the work is done along with a certificate of inspection by the governing authority. Also a guarantee for the work that was done. The yard should be restored to a condition that resembles what it was before the work was done. Any damage to your neighbor should also be taken care of. Call your attorney.

Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415088 04/27/20 09:25 PM
Joined: Mar 2004
Posts: 24,475
D
Donald Offline
Offline
D
Joined: Mar 2004
Posts: 24,475
The company that did the work were probably in the dark about who owned the house now. I would say politely that "when will you come back and finish raking and seed the area?" See how that goes. If they get nasty you can tell them you will talk to your lawyer. But try it nice first. But they have no right to come onto your property for any reason and mess it up even if its to fix a septic issue.

It would have been better to have the seller put the money in escrow and let you hire someone to take care of the septic issue.

They should have had the work inspected by the building dept in your town before it was covered up. Ask for that approval certificate.


2015 Ford F-250 w/Powerstroke
2016 Subaru Crosstrek CVT (wife's)
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415110 04/27/20 09:44 PM
Joined: Apr 2012
Posts: 8,815
W
Wolf359 Offline
Offline
W
Joined: Apr 2012
Posts: 8,815
The way that this is normally handled is with a hold back after the closing. Typically it's a negotiated amount but you try to say it will be 1.5 times the cost in case of overruns. Attorney holds the funds in escrow. You have a deadline and you release the rest of the funds in escrow when you're satisfied with the work. The seller gets the rest of the funds back once it's done. This standard procedure pressures the seller to get things done before closing or you have recourse after the closing.

But as others said, as them to restore it to the previous condition and see what they say.

Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415115 04/27/20 09:51 PM
Joined: Mar 2004
Posts: 24,475
D
Donald Offline
Offline
D
Joined: Mar 2004
Posts: 24,475
Be thankful you are not required to have an aerobic septic system. I have one and its $300/year for a service contract that you are required to have. Then cost of pump-out if needed. Then any parts that fail (its got an electric pump and controls).


2015 Ford F-250 w/Powerstroke
2016 Subaru Crosstrek CVT (wife's)
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415232 04/28/20 02:22 AM
Joined: Aug 2013
Posts: 3,981
H
HangFire Online Content
Online Content
H
Joined: Aug 2013
Posts: 3,981
No one is going to look out for your best interests but yourself. Many contractors will happily walk away from a job partly done where there's no accountability beyond passing the last inspection.

You may be on the hook for reseeding. I never cared for the quality of grass seed used by construction/excavation contractors, anyway. Piles of dirt, on the other hand, sounds like a cut-rate job.


Various musings: http://hangfire.net
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415312 04/28/20 06:33 AM
Joined: Dec 2006
Posts: 8,710
M
mrsilv04 Offline
Offline
M
Joined: Dec 2006
Posts: 8,710
Also, keep in mind that the areas where they dug pits or trenches, and then filled back in, will continue to settle and sink for months/years. You will likely need some extra dirt for this. Dirt... not clay.

Backfilling the pits and trenches carefully will help to minimize this... but from your description, I would doubt that anything was backfllled carefully.

It would seem to be common sense that someone is responsible for repairing and restoring the yard (and especially the neighbor's yard) to its previous condition.


2004 Silverado - on its 3rd Jasper engine in less than one year.
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415319 04/28/20 06:57 AM
Joined: Apr 2010
Posts: 5,067
B
BMWTurboDzl Offline
Offline
B
Joined: Apr 2010
Posts: 5,067
Originally Posted by redhat
I wanted to see if you all thought what I am thinking sounds reasonable.

In November of 2019, my wife and our closed on our first house. We have a septic system. Probably around September-October, we were informed that the dye-test performed by the Erie County DOH failed and that the seller would have to make the necessary corrections... so new absorption trench. Time went on, and we closed in early November. When inquiring about the absorption trench, we were told a couple of different answers. One, that it was completed, and two that it would be done in the Spring as it had started snowing and seemed like winter was here.

So we were prepared to wait until spring. No real concern for us. As far as we knew, we were not anticipating anyone coming onto our property or doing any sort of work.

A week after we moved in (week after we closed) my wife and I came home to a huge mound of dirt, gravel, huge ruts in the front yard, chunks of PVC, etc. So we assumed the absorption trench was done just then and there.

OK fine, winter came and now it is finally spring. My wife called our lawyer once and they told us "Yes the work is all done and the dirt is yours to keep".

So that strikes me as odd. I am happy that it is all set, but I would expect the yard to be re-grated and seeded. As it stands, my yard is a mess. Also, they messed up a good portion of my neighbor's grass next to her driveway -- that isn't a good impression for the new people to the neighborhood to make. I am thinking I should contact my lawyer again and see what the deal is and get this taken care of.

My biggest question to you all is, am I expecting too much to have a yard somewhat resembling the properly and house that I agreed to and bought. I feel like the lack of communication is also a problem. The guys who did the work -- shouldn't they be contacting me before even going onto my property. I can understand many things, but just seems like since the date of closing -- I have assumed the property and for all intents and purposes this could be considered trespassing. Not that I would take it that far or really do consider it such, but I guess I'm expecting more (different approach)?

Thanks for your thoughts. Good evening all.




There was no reason to seed in November. Grass won't survive the winter.

Contractor call you? Hmm...maybe, maybe not. He may or may not know that the house sold. He was contracted by the property seller, not by you.

Just grade the soil over that spot yourself and call it a day. You're a young guy and you're going to spend hours in your yard fiddling around until you're in your 60's or 70;s. As others have said the soil will re-settle


“It took untold generations to get you where you are. A little gratitude might be in order. If you’re going to insist on bending the world to your way, you better have your reasons.”

435i
Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415434 04/28/20 09:24 AM
Joined: Jan 2015
Posts: 1,783
R
ragtoplvr Offline
Offline
R
Joined: Jan 2015
Posts: 1,783
I would make sure all the require inspections were performed and passed. The old owner was sunsetted. You are not. Depending on jurisdiction, you can not be allowed to occupy or sell the property. I know of a new house with a nonconforming system in a unsuitable area. They now have a huge holding tank in the yard, and must call a honey wagon every month to have it pumped, at a cost of about $100 minimum. The builder is long gone, no one to sue. House is not worth nearly what it could have been. There is a sophisticated system they want, their state does not recognize it yet, or ever. That system will cost them about 15K minimum. Currently they spend around 2K a year for the sewer pumping, long payback. Oh, and in the summer, when the wind is just right, you can smell microbes in the new tank doing what microbes do.

Rod

Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5415442 04/28/20 09:36 AM
Joined: Sep 2013
Posts: 12,016
D
dlundblad Offline
Offline
D
Joined: Sep 2013
Posts: 12,016
We went through similar situations with our house. The stuff that was supposed to get fixed never was so I ended up doing it myself. The PO’s were real POS’s.

Assuming the septic work is done, I’d do the yard work myself.

Last edited by dlundblad; 04/28/20 09:37 AM.

03 Jeep WJ 4.0 208k
02 Volvo S60 2.4T 199k
97 Chevy Blazer 4.3 175k
04 Audi A4 3.0 210k

Re: My front yard is a mess from whoever the previous owner hired [Re: redhat] #5416758 04/29/20 07:12 PM
Joined: Dec 2016
Posts: 533
5
5AcresAndAFool Offline
Offline
5
Joined: Dec 2016
Posts: 533
I have learned the hard way not to buy a house until after that kind of work is done. However if you really like the house you risk loosing it to someone else willing to buy it with the repairs incomplete.

In the end it sounds like a relatively minor issue in the grand scheme of things, aggravating for sure but not a huge thing. Try to get them to fix it, but at the end of the day if you have to relent and deal with it yourself so be it.

Don't think a new house is any better BTW. I found it to be most aggravating dealing with a builder for warranty issues myself, vs dealing with an old house.

Previous Thread
Index
Next Thread

BOB IS THE OIL GUY® Powered by UBB.threads™