House Foundation Non-Disclosure

**Preston** · 11-09-2010, 01:38 PM

We bought our house June 2009. There was nothing disclosed to us in regards to a foundation issue.

However, within the past two months it has come to light that there was a foundation issue and the previous owners knew about it and did not disclose it. I just had to foot a bill of $8500 to stabilize the house (front of the house was starting to cave in and I took steps to make sure that doesn't get any worse).

Now it's been 16 months since purchase, but I have found a lot of evidence over the year that they knew about this problem, just wondering if I should now contact previous owners myself and try to work something out (doubt it would get me anywhere) or contact attorney or am I past a statute of limitations.

I have found out about this within the last couple months, and I have been diligent about getting it corrected before the problem gets worse.

Any advice would be appreciated.

**Vanilla** · 11-09-2010, 01:53 PM

Sorry that you have this problem.
In state of California, the statue of limitations is 7 years from the date of discovery.
You should document when the problem was first discovered, & how/whom/where you got the information that the previous seller had knowledge but DID NOT disclose before transfer of title. Gather all the disclosures (from seller & real estate agents) you had been provided.
Did you have Property Inspection done before the purchase? If so, was there a section regarding foundation/drainage? Any recommendation of further inspection?
You shall definitely need to talk to attorney specialize in real estate deals, show him/her all the written docs & s/he let you know if you have case.
As far as I know, in Calif., if there is a case, the attorney will file a claim against the previous owner, all real estate agents/broker involved, the inspection companies.

Good luck, hope this will resolve quick.

**Preston** · 11-09-2010, 04:29 PM

Originally Posted by Vanilla

Sorry that you have this problem.
In state of California, the statue of limitations is 7 years from the date of discovery.
You should document when the problem was first discovered, & how/whom/where you got the information that the previous seller had knowledge but DID NOT disclose before transfer of title. Gather all the disclosures (from seller & real estate agents) you had been provided.
Did you have Property Inspection done before the purchase? If so, was there a section regarding foundation/drainage? Any recommendation of further inspection?
You shall definitely need to talk to attorney specialize in real estate deals, show him/her all the written docs & s/he let you know if you have case.
As far as I know, in Calif., if there is a case, the attorney will file a claim against the previous owner, all real estate agents/broker involved, the inspection companies.

Good luck, hope this will resolve quick.

to answer your questions:

There is a disclosure form from the seller in which they disclosed water getting into basement during heavy rains. i traced this to an old unused basement door which water would back up going into the drain and go through the crack in the door.

There is a part in the disclosure form that reads "do you know of any structural or foundation issues" in which they marked "no"

When we started having cracks in the walls I originally attributed it to the age of the house. But then the basement floor literally cracked into four big uneven sections, and the cracks were getting bigger. Having multiple people out here they pointed out previous work being done to the masonry around the windows and also the plaster inside had been painted prior to us moving in. The cracking got worse and revealed the patches they used to cover it up. But there was obviously work done at multiple points of the house and I had 3 independent people come out and tell me the same thing. I am gathering written statements from them.

There was an inspection and i did notice one crack prior to purchase that I wasn't 100% sure about. I pointed it out to the inspector who said it had been repaired and should be nothing to worry about. BS. It says there are no foundation issues in the inspection report, however does notate it is impossible to state in one inspection whether or not the foundation has ceased movement. Do not see anything about recommending further inspection regarding the foundation.

The previous owners went through lengths to mask this but I do not feel comfortable going publicly with further evidence. But the basic gist comes from there obviously being crack extensive repairs covered up by a really thick paint job (among other things.) And the home inspector should have caught it. At least the patched brickwork on the outside should have been notated.

**Wendy99** · 11-09-2010, 05:27 PM

Are you able to go back on the inspector?? It's possible the previous owners did repairs etc, but maybe they just assumed they were fixing a leaky basement - seriously some people would just not know that it was a much bigger issue. However that being said I would still see what you can do about the previous owners ... However the inspector .. seems he just brushed it off ... I wonder about going back on him .. what is he liable for ?? Thats why you PAID him and TRUSTED him for the inspection to catch these things .. seems to me thats where I would start ...

**stinkbug** · 11-09-2010, 05:36 PM

Recently on Holmes on Homes, there was an issue that an inspector had not noted on his report (bad wiring) and the homeowers wondered abut going back on him. Holmes told them that an inspector's report was *an opinion* and he could not be held liable. Basically, you need to check out what kind of experience and and knowledge your inspector has, because he's only as good as what he knows. But...that is in Canada I think, so I don't know how that applies in the US.

**Natalie's Nesters** · 11-09-2010, 06:07 PM

I would ask my realtor for help. If they can not help you, perhaps they can direct you to someone who can. Sorry you have to deal with this mess, best of luck to you!

**Preston** · 11-09-2010, 06:22 PM

Originally Posted by Wendy99

Are you able to go back on the inspector?? It's possible the previous owners did repairs etc, but maybe they just assumed they were fixing a leaky basement - seriously some people would just not know that it was a much bigger issue. However that being said I would still see what you can do about the previous owners ... However the inspector .. seems he just brushed it off ... I wonder about going back on him .. what is he liable for ?? Thats why you PAID him and TRUSTED him for the inspection to catch these things .. seems to me thats where I would start ...

The manner in which they did everything tells me they KNEW what they were doing. They removed certain doors that would have been sticking, or the ones that were on the part of the house affected had been severely altered. Another thing that shouldn't have made it past inspection.

Certain things I blame myself for, but I was a first time home buyer, and am not as knowledgable as I am now. Lesson learned. But there is a difference between inconvenience or outright fraud.

**TigerGirl1226** · 11-09-2010, 06:50 PM

I would consult an attorney. It depends on your state, obviously, but redhibition laws may apply. I know here in Louisiana you probably would have a case.

Do not suggest you contact the seller since that could get quite ugly.

**frugalfranny** · 11-10-2010, 01:52 AM

Check your state laws first..........you didn't say where you are at...this should tell you if you are past any limitations or not. And also what must be disclosed.......

I would contact the RE person that you dealt with and if they can't/won't help you..........consult an attorney. Often the first visit is free. I would not contact the people that sold the house.......depending on what you find out with the prior mentioned items.

Sorry you are going through this hassle.........it sucks.

**forHISglory** · 11-10-2010, 07:45 AM

The home we sold had some foundation issues, but we had a repair company come in to fix it. We put this fully on the disclosure and also left a folder with the buyers that detailed what the company had done. We had had no problems after the company worked on the foundation.

However, the buyers notified me personally that they noticed a new crack, and had we ever noticed anything? I reminded them of the disclosure and the folder, and never heard anything else.

It sounds as if your sellers either did not know the extensiveness of the problem, or decided that the problem had been solved, or decided to outright lie about it. I would suggest going to your real estate agent first. Then you probably would need an attorney.

I'm so sorry this happened to you.

**rachelj** · 11-10-2010, 02:42 PM

We have a friend that bought a house. A short time (year or 2?) into the ownership they realized that the basement had MAJOR water problems. I remember something about paneling going over the drywall that was waterlogged - something like that. They had to pay over 10K to have a company come in and dig trenches in the basement along the foundation so that the water would have a place to go.

When they contacted a lawyer, they were told that they did have a case. The problem was finding the previous owner and then spending years waiting for the court case to come. By the end it may be worth it to go to court.

**Preston** · 11-12-2010, 05:49 PM

Originally Posted by forHISglory

The home we sold had some foundation issues, but we had a repair company come in to fix it. We put this fully on the disclosure and also left a folder with the buyers that detailed what the company had done. We had had no problems after the company worked on the foundation.
.

I do find this moderately reassuring. I'll contact an attorney early next year. We have a kid due in a couple months and right now I have to focus on getting through the pregnancy. High Risk = High bills on top of this. I am also getting written report fully explaining the work which was done to the house. I hope this is the last of our issues.

**Wendy99** · 11-14-2010, 04:59 PM

Originally Posted by Preston

I do find this moderately reassuring. I'll contact an attorney early next year. We have a kid due in a couple months and right now I have to focus on getting through the pregnancy. High Risk = High bills on top of this. I am also getting written report fully explaining the work which was done to the house. I hope this is the last of our issues.

Were you able to look up what your limitation period was ? Just want to make sure if you wait til the new year that the wait won't put you past that period. Congratulations on your upcoming child !!

**Greebo** · 11-15-2010, 07:02 AM

I would not delay in contacting an attorney. There are time limits on being able to go back to the former homeowner.

**kita** · 11-16-2010, 02:02 AM

[QUOTE=Preston;1438005] We have a kid due in a couple months and right now I have to focus on getting through the pregnancy. High Risk = High bills on top of this. QUOTE]

I don't know about anyone else but I am so happy to here this.
Been thinking and praying for you and didn't want to intrude and ask if you didn't want to talk about it. But I'll say....yeah.