Case Study
 

The American Dream can sometimes be the American Nightmare. Flooded basements; crumbling foundations; buckled floors; belligerent neighbors; undisclosed lead paint. The house that seemed so right now consumes your life with problems. Take the example of the retired college professor with an attractive row house in Georgetown. When the neighbors began a major remodeling project, their excavation caused a basement flood for our client. The neighbors’ giant air conditioning unit required a steel beam for support that caused the party wall to bulge. Then, the neighbors accused our client of encroachment when a tiny underground portion of her foundation was allegedly over the property line.

 

Our professor was under siege in her own home. But, she retained Lars Liebeler PC and fought back. After conducting a new survey, and commissioning a report from a structural engineer the firm demanded that the contractor provide adequate protection to the professor’s home and redesign their project to eliminate structural risks to her property.

 

The encroachment claim was proved false. The neighbors backed off. The professor’s quiet home and peace of mind have been restored.

 

Principles
 
  • Homeowners and homebuyers frequently are faced with unknown issues from water intrusion to structural defects, to plain old nuisance.

  • If you have purchased a home, and discover unknown defects after the purchase, review your contract of sale carefully. Better yet, review it carefully with your attorney before you purchase to insure there are no surprises later.

  • Property disputes with neighbors can cause an enormous strain on the family. Experienced counsel who can quickly resolve these issues is a must.

  • Local case and statutory laws should also be carefully reviewed to determine their impact on the transaction or upon your property rights.

  • Laws vary from state to state as to what obligation a seller and/or an agent has to disclose defects to a potential buyer.

  • An association with legal counsel that is able and prepared to litigate the issues is mandatory in order to protect the rights of a party.

Property

Great spirits have always encountered violent opposition from mediocre minds.

ALBERT EINSTEIN