Q: Is there a "lemon law" per say on houses? We just found a serious issue after buying in December 2016 that was "covered"
The basement had been freshly painted prior to showing with a very thick paint so of course we did not notice ANY cracks in the basement walls (we looked at this property three times)! Just yesterday we noticed a very weird, very straight line of dirt 2 feet from the top of the basement walls. My husband went to do a close up look to see what this weird line of dirt was - he then noticed a very large stair step crack along with a crack all the way across two walls 2 feet from the top. We got the level out, and there is appox. 1/2 inch difference from the top of the level to the bottom of the level (the walls are buckling in). At one point in the crack we can see daylight! This house passed every single FHA inspection and this is definitely not something that could have happened overnight. What options do we have? Any help would be greatly appreciated!
A:
In Ohio, the seller of a home can be held liable for actively concealing defects in the property. The active concealment would constitute fraud and your statute of limitations does not begin to run until the fraud is discovered. Your claim is very dependent upon facts and what evidence you will be able to prove those facts. First, you state: The basement had been freshly painted prior to showing with a very thick paint..." You will have to demonstrate that the basement was painted shortly before it was put on the market; that the purpose of the painting was to conceal cracks that were present at that time.
Second, you state: "the walls are buckling in" and "this is definitely not something that could have happened overnight". It will be necessary to have your home inspected by a reputable contractor who will be willing to preserve the evidence by documenting the conditions that are encountered, and who will be willing to testify on your behalf. Often a contractor will say that this is a long standing issue, that was concealed, but they do not have the knowledge, experience or the willingness to assist you during the litigation.
You should have the foundation inspected and determine the cause of the crack. Based upon the cause, it can be determined approximately how long it would take for the condition to develop. Then you will need the contractor provide a plan to correct the problem. You should discuss the matter with several contractors as there will most likely be more than one suggestion as to how to correct the problem.
With the inspection in hand stating the cause of the problem, the approximate length of time it has existed, and an estimate for the cost to repair, you can approach the seller regarding their willingness to contribute towards the corrective repairs.
If unsuccessful, you will need to file a complaint with the Court.
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