Must a natural spring be disclosed when buying a house? I purchased a home last fall just to discover, come spring, that it was on a natural spring. It turned out that the spring is water table dependent and as such was not present during the time of the home inspection as water levels were lower. Upon tearing up the carpet I had discovered cracks in the floor that were patched over and that the water was taking said path and, when breaking open that path, the contractors had discovered that the area around the path was hollowed out by the water. The only thing indicated on the sellers disclosure was that they had sump pumps that ran no structural or foundation issues were indicated, however I am unsure if a spring is required to be disclosed in PA Note: When I say there is a natural spring I mean 4000+ gallons an hour from 1 of the pumps alone. And city has tested the water disowning it as definitely ground water
The general rule in the sale of a "used" house is "buyer beware", but the seller of a "used" house must disclose latent defects of which the seller is aware. (Different rules apply to the first buyer of a newly built house.) While a natural spring would not always be a defect, one that causes structural or foundation problems is clearly a defect. So, the two key questions are (1) whether the defect is one that could be discovered with a reasonable inspection, or whether it was instead "latent", and (2) whether the seller had knowledge of the defect. If the defect couldn't have been discovered with a reasonable inspection, and the seller was aware of it, but didn't sufficiently disclose it, then the seller has liability to you if you bring suit within the statute of limitations, equal to the damages you have suffered from the non-disclosure of the latent defect. Under the circumstances that you describe, where the evidence of the defect was hidden by a carpet, it seems plausible that this was a latent defect. So, the big question at this point is whether the seller was aware of the natural spring causing foundation/structure damage in the basement. This would depend upon facts and circumstances which you question does not provide an answer to, so the question can't be finally resolved.
I can't see anything to say this is a state-wide ban. Do they have to give an opportunity to return unused fireworks for a refund? The ban imposed by Portland Fire and Rescue appears to relate to the use, not possession, of fireworks so I assume that the stores' / State's regular refund policies would apply. Due to unusually hot temperatures and dry conditions, PF&amp;R is announcing an immediate ban on the use of all legal and illegal fireworks...
What would be the most reasonable thing to do? Live with it. Oh, and stop breaking the law with your automated emails. Illegality on their part does not justify illegality on your part. Also, it’s likely that this activity has caused your email address to be blocked automatically which may explain why they aren’t contacting you. From a legal point of view, that’s the only reasonable option. You do have valid grounds for a lawsuit for the value of the watermelon but the cost of filing will be a couple of orders of magnitude greater than the value of the melon so doing so isn’t “reasonable”. If you want to vent, the internet offers a wide variety of social media platforms for which that seems to be their primary focus. But that’s got nothing to do with the law.
Sure, you can sue; but who are you going to sue? You have to prove someone knew about the fact that one condo resident was going to be paying for the other condo's hot water. Mixed up plumbing and electrical systems are fairly common in apartment and condo complexes, especially ones that have been converted. Chances are high it's a mistake and was not done on purpose. If you can find the original general contractor, he's going to say it wasn't him, talk to the plumbing contractor. Who will say I didn't do it, and my work is only guaranteed for five years, so talk to the plumbing inspector. He'll say he didn't see it, and besides, all those inspection records were thrown out ten years ago. The condo association may or may not have had oversight of the construction. Can you prove the neighbor knew about it and didn't tell the condo association? Can you prove the realtor who your dad bought through knew about it? Was there a home/condo inspection done - paid for by your dad or the seller - before the sale that might have spotted it? The police aren't going to care; technically, it is a crime, in a way, but it's not like someone tapped into someone's cable TV or electrical power meter last week. This is a problem from years ago, more than likely from the original construction; so who is really responsible? The police aren't going to run that down. And, what are the damages? A few months of part of a power bill? Is it really worth a lawsuit and a lawyer? Against who? I can't see a lawyer jumping into it. If you want to do something for whatever comes next, yes, collect evidence. Tell the neighbor he/she's on your hot water. Take photos and get a licensed plumber to take a look at it and give you an estimate for separating the water systems. That will document that the two systems are not separate. (Either call your own plumber or ask the condo association for the name of someone). Then, start with the condo association. They may be responsible for the inspections before the sale. At very least, the condo association may have to check off on the repairs. And, they may know more about it (oh, yes, we've heard about that in a few other condos...) You could bring it to everyone's attention at a meeting; it may be a common issue in the complex, and other residents may not know about it. If, in fact, the neighbor doesn't have their own water heater, they may be more on the hook for expensive repairs than your dad. They may have more of a case against the condo association than your dad.
No crime is committed if a person performs a service and ineptly describes the service. To change the context a bit, I might contract with a guy to build a wall and he says he will charge me for installing a "Swedish drain" when in fact what he will install is called a "French drain". If he installs the thing, it does not matter (legally) whether he calls it by the conventional name. I am not relying on the distinction between French and "Swedish" drains, and that is not material. However: he may specify that the drain will use 18 inches of 1.5" drain rock, but he uses (and intends to use) 18 mm of 3/8" crushed rock, and that is a material fact. In the latter case, he has committed fraud. The same considerations go into dealing with "unnecessary" service, which however is more about "what he said". Let's assume that you come in with a flat tire and the mechanic offers to overhaul the engine. If you agree to this service, that is not fraud, because he did not say something false that you depended on. If, however, you ask "Why would overhauling the engine be necessary" and he says, I dunno, "Because by law, I can't repair a tire without first overhauling the engine", or "Because you flat was caused by astral radiation from a poorly-tuned engine", then that would be fraud – the statements are false, and you relied to their truth, in agreeing to the service. On the third hand, reasonable statements like "it might help", "it could work" are not deceptive, even if it turns out they are not true. Fraud is not about statements that "turn out not to be supported by the facts", it is about statements that you know to be false.
You will need to sue them for the money. You may decide that the cost and stress of doing so is not worth it, and just write off the cost. In future you should require a deposit (if you don't already), and not return it until you have checked that the final utility bills have been paid. (I am assuming there was no deposit, or that you have returned it already; if not, you can pay the electricity company out of that deposit.)
Short Answer Not really. Your first step should probably be to hire a private investigator to do an asset search for you. Longer Answer Real property records in the United States are maintained on a county by county basis and there are roughly 3000 counties in the United States (in Louisiana, a county is called a &quot;parish&quot;). There is not even a centralized state level governmental database of real estate ownership. And, many smaller rural counties don't make their real property records available over the internet. Moreover, in New England, lots of key records are maintained at the town level (all property in New England is part of some New England town of which there would be many in each county, and county government mostly handles the court system rather than other rural services). Also, contrary to the suggestion of BlueDogRanch in the comments, a Will would frequently not contain a list of the real estate owned by the decedent, although the lawyer who drafted the Will may have taken notes indicating the real property owned by that person at the time it was drawn up. More commonly, a Will will set forth a formula for dealing with property. And as you indicate in the comments, there may be no will to find in any case. You should also ask if there is a trust in place, however, as some people set up a trust and dispense with a will. Businesses are usually registered with a state secretary of state. These records reveal a registered agent and sometimes managers or directors of businesses, but not the ownership of businesses. It is possible to set a business up so that it has no obvious ties to an individual. Searching by the decedent's business and home addresses and the names of spouses and business associates and lawyers for the decedent, can sometimes reveal businesses that don't have the decedent's name attached to them. Another public database that can be searched (at a price and with some technical expertise) is the personal property lien database also known as a &quot;UCC Search&quot; for the Uniform Commercial Code that requires that personal property liens be disclosed in this central filing place. Furthermore, there is no central registry of financial accounts. Incidentally, there is also no central database of divorce records in the United States. The court clerk of each court with jurisdiction to grant a divorce maintains these records separately. Keep in mind, however, that unless a divorce decree said otherwise, usually a man has no obligation to leave his children anything at his death as an inheritance if he has a Will in every U.S. jurisdiction (unlike many European inheritance laws that require that a parent make bequests of some amount to children in the absence of special circumstances). Strategies for Asset Searches A variety of approaches are available to locate assets, although some of these are less viable when there is a widow who is the executrix of the estate who is in control of the situation. Ask for an inventory and accounting of the estate and any trusts. Normally, the person who administers an estate must prepare an inventory of assets owned at death and an accounting of the disposition of assets at death. A copy of the Will must also be provided. You can also file a demand to receive notice of all proceedings in a probate estate. Often these documents only need to be provided upon a written request. This is an incomplete record. It doesn't cover transfers by gift prior to death, nor does it cover assets that are in joint ownership with a right of survivorship, nor does it cover assets with a beneficiary designation or a transfer on death instruction. If he had a trust and you had any interest in the trust, the trustee is obligated to provide inventory and accounting information and a copy of the pertinent portions of the trust to you upon request. Ask if he filed any estate tax returns (Form 706) or gift tax returns (Form 709) during his life. If he had an estate of about $5 million or more at his death, he would have had to file an estate tax return (Form 706), even if no estate tax was actually due. This is due nine months after the date of death. Unlike a probate inventory, a Form 706 captures both assets that pass via a Will (called probate assets) and assets that pass by a joint ownership or beneficiary designation or trust (called non-probate assets). If he made large gifts to anyone other than his spouse during life, they would have had to be reported on a gift tax return (Form 709). This is due on April 15, of the year following the year in which the gift is made unless an extension of time to file is obtained. This would reveal large transfers to trusts that he made during life. If he was wealthy but got around having to file a Form 706 by making lots of big lifetime gifts, there would be filings of Form 709 that would disclose those gifts. Review the decedent's personal financial records. These are usually kept at a home or office. Statements and records for various investments are often kept there. Also, bank statements can often be clues that can reveal other assets. For example, usually collectible items like art or gold coins would be purchased with a credit card or checking account and the purchases could clue you into the need to look for those assets. Of course, getting access to these records could be hard if you are not in control of the estate. Determine if there is a safety deposit box or safe, and if so, review the contents. Often deeds to real estate, certificates of title, stock certificates for closely held companies, coupon savings bonds, and other important documents are kept there. Loan application forms can also be a great resource as they require a full disclosure of assets and there is an incentive not to omit assets in filling one out. Of course, getting access to this could be hard if you are not in control of the estate. Collect the decedent's mail over the course of a year. Almost all real estate gives rise to a property tax bill at least once a year and more often twice a year, and financial accounts issue statements at least once a year in most cases and often monthly or quarterly. Of course, getting access to this could be hard if you are not in control of the estate. Pull a credit report, then repeat about a year later. Credit reports reveal who the decedent had accounts with, which can be a one stop shopping list for bank statements to obtain and review. They also capture accounts that the decedent won't get in the mail because there is a bad address. By a year out from the date of death, any big business creditor that isn't sending mail (e.g. because the creditor is sending bills to an email address you aren't aware of or don't have access to) will show up as delinquent in a credit report. Substantial credit is usually only granted to people with lots of wealth. If there is no debt or only little debt on a credit report, this tends to corroborate the idea that there is little wealth. In particular, credit reports reveal outstanding real property mortgages and personal property secured loans with financial institutions that are outstanding, which can be used to locate assets. You may need a private investigator's assistance to access credit records if you are not administering the estate. Look at the decedent's most recent income tax return or two. If the decedent didn't keep them, a transcript can be obtained from the IRS. Of course, getting access to this could be hard if you are not in control of the estate. But, you could always ask. Investment income lines will reveal any financial accounts that generate interest or dividends or capital gains (although it won't capture &quot;coupon bonds&quot; that only generate income when redeemed, like U.S. savings bonds or no interest checking accounts or closely held C corporation stock that doesn't pay dividends). There will be a &quot;Schedule K&quot; contribution to the tax return of income and expense items from any S-corporations and any closely held partnerships, LLCs or business trusts that had income or losses in that year. Residential real estate will normally give rise to property tax and mortgage interest deductions (unless there is no mortgage or the mortgage is small, in which case the Standard Deduction for personal deductible expenses will be claimed). Investment real estate may have generated rental income, depreciation deductions, and/or mortgage interest deductions (even if the decedent did not otherwise itemize deductions) and at a minimum there ought to be property tax payment deductions. Contact the attorney who drafted the Will, if known. While a Will rarely contains a detailed list of assets, the attorney drafting it usually prepares a list of the major assets that someone owned at the time it was drafted and keeps a set of those notes in the file. This may not be useful if the Will was drafted many decades ago (many people draft their first Will when they join the military or get married or first have kids and never change it). But, it may be helpful if it was drafted recently. An attorney may decline to speak with you on the basis of attorney-client privilege, however, if there is an executrix in place already managing the estate. Obviously, this doesn't work if he did no estate planning and plenty of people die without a will. Less than half of deaths even give rise to a probate proceeding at all, because lots of people die poor or don't have any probate assets at death. Hire a private detective. Private detectives live less glamorous lives than you'd think. One of the most common jobs that a private detective is hired to do is to locate assets for a creditor or for a probate estate. They have access to proprietary databases that are not available to the general public. But, they aren't cheap. In your case, this may be the only really viable solution, and while they aren't cheap, they know what they are doing and would probably be more efficient and more complete in their search than you would be. You can learn a lot with a few thousand dollars. Also, if the PI's investigation reveals substantial U.S. assets, you will probably be able to hire a lawyer who will accept payment when concealed assets are secured from the probate estate (perhaps with interest or on a contingent basis). So, hiring the PI is probably a higher priority than hiring the lawyer as a first step. Hire a lawyer A lawyer can efficiently demand information from the widow who is the executrix through formal channels. More importantly, if your PI discovers that assets have been concealed, your lawyer could arrange to have the widow removed from the job of administering the estate and have one of your family members, or a neutral third party professional, appointed to administer the estate correctly. And, an estate administrator can use the tools discussed above to do a more complete and accurate search for assets than a PI could.
Since this seems to have been viewed a lot, an update/answer. I can't comment on the normalcy of such clauses since this has been my only experience. But the Estate Agent immediately struck the clause without any fight, so it seems like it was just there &quot;in case I let it slide&quot;. It turned out to be a great decision, since I ended up finding my own buyer in the same week that the agent acquired a suitable offer, which I would then have been liable to pay the fees for.