Our home builder piped our uphill neighbor’s french drain into our yard; its not connected to anything & no catch basin under it. It has flooded our yard. I know it’s illegal to concentrate water flow into a direct stream and direct it onto neighboring lots. But who should fix it? City because they granted the permit? Or builder for directing the pipe into our yard instead of the storm drain?
The builder sent us a certified letter saying our case was now in arbitration after we sent them an email complaint about the pipe. Looking at our home contract it says we cannot sue the builder & disagreements go thru an arbitrator. We signed this contract when we bought the house.
Does this mean we lost our right 2 sue? Are we already in arbitration even if we did ask 2 be? What options do we have