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Previous Home Owner Lied on Disclosure
downer
Registered User regular
Registered User regular
I purchased a new home in June of this year. During our inspection, the inspector pointed out a crack in the foundation that connected to the crawl space. Verbally, he told me not to worry about it, every basement in the area is going to have similar cracks, etc. On the actual inspection, the recommendation was that a structural engineer should inspect all foundation cracks for potential issues. We negotiated through a lot of repairs, but this crack was not one of them. My fault.
Fast forward 3 months, we notice some damp carpet in the basement, and it all essentially tracks back to the crack in the foundation. Long story short, there are some water management issues allowing water to seep in under my footings and through this crack. I call a local basement repair company to come out and give an estimate.
The day of the appointment, I meet the Rep from this company on my front porch. Before even saying hello, he asks 'How long have you lived here?' I tell him 3 months, and he responds with 'I've been to this house before.' He proceeds to tell me the exact layout of my basement and crawl space, that there was a crack near the crawl space, and he had been out a few years prior because the homeowner had some water issues. He includes some details about the former owner that were spot on. He proceeds to explain the estimate he had done at the time included other foundation issues, that he subsequently pointed out to me. This included the fact that there had been cracks in the exterior (brick house) that were on either side of the house, indicating foundation movement. He pointed out that these had since been repaired with additional mortar. He has no record of this visit, because it was before they went digital. He did not do any work on the home, just a quote.
This prompted me to revisit the 'Residential Property Disclosure Form' that the previous owner had completed. Two sections in particular I am a bit cross about, as they selected 'No' to these questions:
Water Intrusion: Do you know of any previous or current water leakage, water accumulation, excess moisture or other defects to the property, including but not limited to any area below grade, basement or crawl space?
Structural Components (Foundation, Basement/Crawl Space, Floors, Interiors and Exterior Walls): Do you know of any previous or current movement, shifting, deterioration, material cracks/settling (other than visible minor cracks or blemishes) or other material problems with the foundation, basement/crawl space, floors, or interior/exterior walls?
I'm already on the hook for $800 for repairing the crack, but the potential of foundation repairs could be astronomically higher. Who should I talk to here, besides a Lawyer? My Realtor? Insurance Company? Is it even worth pursuing?
Fast forward 3 months, we notice some damp carpet in the basement, and it all essentially tracks back to the crack in the foundation. Long story short, there are some water management issues allowing water to seep in under my footings and through this crack. I call a local basement repair company to come out and give an estimate.
The day of the appointment, I meet the Rep from this company on my front porch. Before even saying hello, he asks 'How long have you lived here?' I tell him 3 months, and he responds with 'I've been to this house before.' He proceeds to tell me the exact layout of my basement and crawl space, that there was a crack near the crawl space, and he had been out a few years prior because the homeowner had some water issues. He includes some details about the former owner that were spot on. He proceeds to explain the estimate he had done at the time included other foundation issues, that he subsequently pointed out to me. This included the fact that there had been cracks in the exterior (brick house) that were on either side of the house, indicating foundation movement. He pointed out that these had since been repaired with additional mortar. He has no record of this visit, because it was before they went digital. He did not do any work on the home, just a quote.
This prompted me to revisit the 'Residential Property Disclosure Form' that the previous owner had completed. Two sections in particular I am a bit cross about, as they selected 'No' to these questions:
Water Intrusion: Do you know of any previous or current water leakage, water accumulation, excess moisture or other defects to the property, including but not limited to any area below grade, basement or crawl space?
Structural Components (Foundation, Basement/Crawl Space, Floors, Interiors and Exterior Walls): Do you know of any previous or current movement, shifting, deterioration, material cracks/settling (other than visible minor cracks or blemishes) or other material problems with the foundation, basement/crawl space, floors, or interior/exterior walls?
I'm already on the hook for $800 for repairing the crack, but the potential of foundation repairs could be astronomically higher. Who should I talk to here, besides a Lawyer? My Realtor? Insurance Company? Is it even worth pursuing?
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Realtor probably won't be much help.
Ask your lawyer what to do in regards to insurance. Insurance does typically cover this kind of stuff, especially if it's going to continue being a problem with water damage and mold.
Do you have a sump pump or anything? It might be as simple as replacing that.
He sounds like a good guy at least.
you want that foundation company to testify and you're going to be more likely to get that to happen if you can dangle a big job in front of them
we also talk about other random shit and clown upon each other
You might see if you can do an injection grout as long as the foundation isn't sinking.
http://theconstructor.org/concrete/injection-grouting-types-and-materials-for-concrete-repair/9111/
It depends on the state, but most states absolutely DO NOT cover mold or foundation issues. The key question you need to ask when you're wondering if something is covered by insurance is 'was the peril sudden and accidental'? If the event meets that criteria, the loss will 100 time out of 100 be covered - otherwise, it's generally not.
And quite possibly if you have home buyer's insurance through the seller or some other bullshit.