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All Forum Posts by: Steve S.

Steve S. has started 294 posts and replied 637 times.

Post: House odor of doom - HELP!!!!!

Steve S.Posted
  • Dallas, TX
  • Posts 649
  • Votes 52

Bombed the house this weekend. Seems worse when the ac is on. Can’t pinpoint the smell at all praying this will work as ill be $2500 into removing a smell at this point 

Originally posted by @Wayne Brooks:

@Steve S. So, is there a recorded easement?  If so, it is likely 15-29’ wide and you are not allowed to build anything within it. 

 Yes there is a recorded easement. And I understand there can be nothing built in it. The bottom line is they told me where they could build it and then put it in a different spot without my approval and multiple attempts via voice call and email for them to cease and desist 

Originally posted by @Theresa Harris:

Hopefully the contract with the person who built the retaining wall specified where it was to go.  As soon as you saw it was in the wrong location, they should have stopped work.  I'm not sure why you didn't phone them to stop as it should have got a more immediate response.  Tell the contractor they are responsible for building it where you agreed to and until it is completed as per the original agreement, payment won't be made.

Why did you need a retaining wall around the man hole cover to begin with?

I did phone them. No answer o response. I did email them. No answer. No response (until after it was done and they put it upIn a day)

 Having a job I have to be at, it seems anything short of laying down on the property like Tieneman Square could have prevented them building it. 

Now I’m looking at legal options and destroying the wall and moving it at their expense. 

Originally posted by @Wayne Brooks:

No one, other than you or the contractor, is responsible for the wall location problem.

Most surveys do indicate easements recorded in the public records.  It is Not I. The surveyor’s scope of work to start clearing all the ground cover to look for hidden items.

Was the easement shown on your survey?  

 Exactly. The contractor wellthe homebuilder built It without my authorization and did it super fast to try to keep Me From changing what they were doing 

Refunded a deposit but now that spending even more time in the house getting it ready and with warmer weather, it’s clear their dog pissed everywhere and destroyed the carpet and air conditioner with let sander. 

I’m about $2,000 into trying to eradicate the smell which for some reason wasn’t as apparent 2 months ago. 

Any reaourse their in Texas?

I recently purchased a plot of land and built a house on it.  This was the last piece of land in a neighborhood and had sat for a while. 

Apparently partnof the reason is there is a manhole cover for the sewer mainline in the easement. The seller had it covered up by a ton of trees and brush so there was no way to see it. 

As a result of this discovery, I’ve had to spend about another $15,000 building a retaining wall and have about 20 less feet of property to work with as a result. 

I have 3 main issues I’d like some BP experts’ thoughts on:

1) Seller never disclosed this sewer main or the manhole cover. It wasn’t noted on the Sellers Dosclosure. I may not have purchased this land and built this house if I had known

2) the survey doesn’t have it listed. I had to pay for a survey. Does the survey company have an obligation to document this?

3) the hole builder told me they had to build a retaining wall splitting my back yard in half. This was not something I wanted. They have me the option to level the back yard and bring UP the sewer main or build a retaining wall about 2 feet from the manhole cover for the sewer. I preferred the retaining wall. They then trenched out about half the back yard and started lying forms for the wall more than 20 feet from the sewer main. I emailed and called them saying they said it would be 2 feet from the main and this impacts my ability to put in a pool. 24 hours went by without a response and in record time they built out the retaining wall 20 feet from where they said they would. They clearly did this on purpose to get it “done” so I’d have no recourse. 

The person that sold the land readily paid a few $1,000 to help offset the cost but nowhere near what it cost. This was very odd which makes me think they did it not just to be nice but because they are hiding something or trying not to get sued   

I’m trying to understand what recourse I may have before I get a lawyer involved. I have a hidden major issue in the land, a bad survey I think and a builder that built and entire wall in the middle of my yard without my authorization and wants $15,000

Thank you for any thoughts!

Ugh!!!!

Post: House odor of doom - HELP!!!!!

Steve S.Posted
  • Dallas, TX
  • Posts 649
  • Votes 52

Here’s the situation. House was vacant for 2 months without the air conditioner or heater from mid February through mid April. 

That was a mistake. Should have had the ac and heater running but didn’t expect it to be vacant that long. 

Started running ac a little each day in late April

New tenant moved in in June and there’s a horrible smell. 

They say it is noticeably worse when ac is running. 

Painted walls

Shampooed carpets

Deep cleaned tile grout. 

Ac guy says nothing obvious in the ac but wants to charge me $380 to clean the coils tomorrow. 

Carpet cleaners looked at pad and claim there’s not anything smelling in the carpet

Should I just give up and pull the carpet up?  

Last tenant had a dog. They claim they noticed no

Smell when they moved out. 

Help!!

Originally posted by @Gabe Waldrep:

I have had to test a few houses while working for a large management company. The only ones that ever tested positive for LBP were built in the late 50s/early 60s and usually framer style houses. You can buy a test kit at Home Depot should you have the need.

 Great insights. Thanks!  Hadn’t thought about a HD kit

I talked them through it and pointed them to some additional resources and they seem comfortable 

Originally posted by @Jim Cummings:

@Steve S.. I'm a REALTOR - I have to provide the form and disclosure - it's not an Option for me!

The same rules apply to private landlords as it's a HUD requirement to disclose:

https://www.hud.gov/program_offices/healthy_homes/enforcement/disclosure  

Agreed and understood

Originally posted by @Greg H.:

The chances that a home in Texas built in 1977 has lead based paint is virtually zero

The form you provide to the tenant has you state that you have NO knowledge that the property contains LBP. You are not required in any way to test for it

That’s my understanding as wel as things were being phased out in 1977 certainly. 

I think they are content with the info I shared with them. It’s funny the following of the rules drove concerns and questions when it’s very likely there’s nothing to even be worried about. It thems the Rules