We bought a new house several months ago and we have a crack in the foundation?

Question

its getting worse and we would like to know what the seller usually does to fix the problem... Buy back the house or fix the foundation

Answer 1

A new house should have a warranty and I would make them buy the house back. It is not normal to have a crack and it get worse. I would take pictures and keep a log of all the phone calls made to the builder. Take pictures on a regular basis so you have proof the house is shifting. Also call the builder on a regular basis and log all calls. This kind of documentation will be invaluable if you have to go to court. There are foundation issues that are not in your favor. Get tough and stand your ground. I have seen many homes with the same issue and the builder had to buy them back, sometimes it took court to get it but it is better than fighting a poor foundation all the time you live in the house and then if you ever sell it, you have by law to disclose any problem which could hinder selling the house. If you have the foundation repaired be sure to get a reputable company and go over their warranty with a fine tooth comb. Be sure to have a drain leak test done before and after the foundation repair and keep all paperwork. I would not settle for them fixing the foundation, there is no reason in the world to repair the foundation on a new house, other than it was not done right the first time. Stand your ground, best of luck.

Answer 2

Uh oh.

I don't know if you read about the situation we had in San Diego a couple weeks ago, where an unstable hillside full of multimillion-dollar homes shifted and destroyed about a dozen houses. But, the first signs of trouble were cracking in sidewalks, streets, and driveways.

My dad also had bought a home about 20 years ago that had a cracked slab. After about 6 months, none of the doors would close right and there was a definite downslope to part of the house. It turned out the house was built on an unstable hillside and it eventually had to be condemned.

A cracked foundation is an indication of unstable soil underneath the house. This could be because of periodic movement of unstable soil on a hillside or, in the case of places like Orlando Florida, underground water supplies were being pumped out faster than they could be replaced naturally and sinkholes developed (early 1980s).

This is something that should have been disclosed by the seller when they sold it. Check your documentation you got when you bought the house. There should be a disclosure form listing everything they knew that was wrong with the property (these are mandatory in California, anyway). If this was not disclosed, look at hiring an attorney immediately (the statute of limitations on non-disclosure is two years). The attorney will advise you on how to proceed, probably including having a soils test performed on the property.

If the seller (and his/her real estate agent too, by the way) is found liable, it's up to them to make the situation right to your satisfaction. This could include buying the house back or fixing the foundation. But, if the soils test comes back saying the ground is unstable, don't just have them fix the foundation. That would release them from further liability, since you now know that the land is unstable and that the damage may reoccur.

Answer 3

That depends. If you bought the house "as is" (which btw is always a no-no), then the seller doesn't have to do diddley squat. However, if you bought the house and signed the agreement that is something went wrong within certain number of days or years, the seller would be obligated to fix said problem. Or even if you bought the house from like a nationwide company (Remax and such) they have a reputation to live up to, and an unsatisfied customer can make or break a company sometimes.

Answer 4

Did you get a home inspection before you bought the house? If so, did they detect the crack in the foundation visually or note that the house was not level? If so, and you bought the house anyway, it is your responsibility. If they missed it, the inspector may be liable.
If you bought the house without an inspection, I am afraid you're stuck with it.
If you end up repairing it, make sure you get an inspection before and after repair.

Answer 5

Is there a warranty that came with the house? Was the crack noted on the inspection and there was an agreement in place about it? Was there any previous foundation work that was not disclosed prior to your purchase?

If it's a new-construction home, talk to the builder. If it's a purchase of a pre-existing home, you may be in trouble.

Answer 6

you may pay for all upkeep once you own a place. Any upkeep finished back in 04 may well be out of guarantee and there for not to blame. it is likewise to long after the sale for the sellers to be held to blame. Did you get a house inspection earlier ultimate? because of the fact of this that's substantial try this.

Answer 7

I am fairly certain that the sellers obligation would be limited to an attempt to repair it, but I havent been in that exact situation.

Answer 8

normal for new concrete.