Do I have the right to sue the seller?

Question

I purchased a home 13 months ago, this is a 1985 home that was flipped and added square foot. I am now seeing evidence of foundation problems. The cracks are showing through and now you can see the patch work. The sheet rock is starting to split.

Answer 1

While you're getting lots on information on how to remedy the foundation situation, Yak Rider gave you the best answer regarding a lawsuit.  

It all depends on whether you can prove the seller knew about the foundation problems, and failed to disclose it to you.  

And you could probably only sue for the diminished value of your home.  If you do this, and use a lawyer, get one that works on a percentage rather than hourly.  (I sued my seller for failing to disclose some view-blocking construction she knew was happening; unfortunately, I got a lawyer on an hourly basis, and he wrote and called and did everything he could to pad the hourly fee.)   Oh, BTW I won my case.  

Answer 2

Nope, it was your responsibility to get the foundation checked before you bought the home.  They actually do have people who do that.

Answer 3

Caveat Emptor- Let the buyer beware !!  Your home inspection should have revealed this problem. No, you cannot sue.

Answer 4

You can try to sue for anything, but whether you will win is a different story.  Home sales are as is, unless you have a contract or can prove that the owner committed fraud in selling to you.  For example, if they knew about the foundation was cracking and they didn't tell you about it.  Otherwise, you had your inspections and such done when you purchased the house, so it's on you.

Answer 5

You can sue, but it's unlikely that you can win.

A 20+ year-old home is expected to settle.  The former owner can plead that they maintained the building by sealing the cracks as they occurred and the Court will not read fraud into that.

Answer 6

You will have to research the statute of limitations in your state for such a suit.  You should talk to your inspector though... they should have checked the foundation.  If it is the original part of the house it could just be due to time, weather, natural occurrences (earthquakes, excessive rain or heat).  The sheet rock is not something that an inspector will typically check for when doing an inspection.  That is simple enough to repair and is relatively cheap.  I doubt if you can sue the seller though, unless you can prove they knew about this defects and failed to disclose it.  If an inspector deemed it fine, then it has happened since you have lived there... not the previous owner or Inspector's fault.  I would think you would have to go after the inspector if there is proof it was there and he neglected to note it down.  I don't know how you can prove that, though.

If you didn't have an Inspection I think you will be out of luck.  It is ALWAYS to the buyers benefit to hire and inspector.

Answer 7

Did you have a home inspection? Any foundation problems at that time should have been evident. If they were not, the problems have developed in the meantime.

The first thing you need to do is get a contractor out to assess the problem and estimate repairs. Find out if he feels that interior workmanship, improper techniques or other shoddy practices are to blame. Once you have that information, go back to the agent and find out what, if anything, the seller might be willing to do. If the seller is in the business of buying and selling homes in the area, he won't want a stink over this.

If you can't come to a resolution, you might have to hire counsel and pursue it in court. I would consider that a last resort, however, and exhaust all other options first.

Answer 8

If it was existing real estate, it was probably sold "as is".   In most states, the only way you'd have a case is if the seller did not disclose something he/she knew about the house  - and you can prove that.  

Now let me give you some encouraging information:  You say "Foundation Problems".  Maybe, maybe not.  Some minor shrinkage and movement can be aboslutely normal  - it's called "differential shrinkage" "differential settling"  etc.    New lumber shrinks,  materials dry out and shrink as they acclimate,  even where new and old foundation meet some movement is to be expected - there is no way to completely duplicate the soil compaction under the original house, and even 1/16" movement will generate a crack.  The question is... is that ACTIVE movement ?    Think about it - if part of the house is 20+ years old and part is 20 weeks old... the newer part will have to "settle in" just like the original did, and it cannot happen overnight. Minor sheetrock cracking is probably normal,  as will transmittal of seams etc. between old and new work.  When the house was brand new, the builder probably came back after the first year and did all kinds of cosmetic fix-ups.  Sheetrock, caulking, re-adjusting doors, etc.   And subsequent owners probably did their own 'paint and putty' over the years, that gave the house sort of a 'patina' that does not yet exist in the new work.

If you really suspect foundation movement, you should call a structural engineer (NOT a "home inspector"... and not a contractor or anyone else who is not a licensed professional.  Even though they may be knowledgeable, that knowledge may or may not stand up as expert testimony in court) .  For a few hundred bucks, a licensed engineer can give you a written opinion that will stand up in court, and at the very least will put your mind at ease.   If you suspect foundation movement, you can put indicators on the work that you can monitor over time.  Most of the time - the kind of cracks you're experiencing are a once-only situation and once everything settles in - you can make cosmetic repairs and never think about it again.

Also  - in most places whomever did the renovations had to have permits, and at least a modicum of building inspections.  Talk to whomever inspected the work - they will often have photographs of the foundation, framing, and other areas  while they were open.  You will at least be able to see what was done before it was covered.   Main thing - don't panic... little cosmetic shrinkage/settling cracks are absolutely normal and are a part of any remodeling job.   Good luck to you.  

Answer 9

Yes, you can sue for anything.

Answer 10

Did you receive full disclosure about the work that had been done?  Does your state require full disclosure?  Did you have the home inspected?

In most states there are disclosure laws that require the seller to notify you about major renovations and known flaws.

Additionally, did the seller have a building permit to do the major renovation?  Was the work signed off on by the county's building inspector?

Answer 11

nope its up to u to do the repairs. should have had it inspected before u bought it.

Answer 12

did the seller tell you everything that happened in the house. if not that's call false pretenses. and yes, you can sue, if that's the case.