Who is liable for subsidence on a recently purchased property?

Question

A neighbour has advised us that a crack has appeared on an joining wall of our semi-detached house. On inspection, I also see a crack on our side of the wall. We purchased the house in sept 07. If this crack is due to subsidence, and the previous owner of our house covered the crack knowingly before selling the property, could they be liable for the cost of repair? if there is evidence of a 'cover-up', would this be enough evidence?

Answer 1

You would have to prove that they knew of this crack and that they hid it from you and that is is not on the seller disclosures.  if that is the case you should call your agent who helped you buy the house and let them know and see if they will help.  I have a similar issue with roots in my main line sewer drain.  the seller failed to report and now i am getting a new main line.  Also your home warranty(not homeowners insurance), if any, may cover some, or most, of it.

Answer 2

You would need to get it inspected and prove it is structural damage. Cracks can occur that do not cause appreciable damage. If it is proved to be a structural issue and that it was known and not claimed on the Disclosure section of the purchase agreement, the previous owner is liable.