However, Quesenberry and his colleague, Charles Perschon, argued that developers still have a responsibility to relay all information to a potential buyer, regardless of a city's approval or the OK of an engineer.

They clarified that the Hesses were never required by law to get a geotechnical report, but an excavation observation, which they did.

And all are adamant that the Hesses never saw the soil report — a fact that was proven in court.

"That's why it's fraud," Mark Hess said.

Had they seen Canberra's soil report — which included data from a test plot in what became the Hesses' backyard, and a warning on page two that mentioned collapsible soils in the area — their life would be different.

"It doesn't take a rocket scientist to realize there might be problems," Mark Hess said.

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