Q: Bought 2000, foundation crack 2023. Soils engineer looked at the home for the orig.owner. Owner never disclosed issue.
Since the soils report, and foundation issue, was known but not disclosed in our purchase documents, and the settling cracks were evident only a few years ago, can I hold the owner/ agent responsible for the repairs I need to make to the home to fix the foundation.
A: It depends. A real estate attorney would need to review all purchase documents and the expert reports to determine your legal options. You may also have to pay an attorney to take on such a case given it’s been 23 years.
A:
I agree with Yelena but there are facts missing from your question. Age-related foundation cracking is common. The fact that a prior owner hired a soils engineer years ago does not establish that the prior owner knew about the problem you are having 23 years later.
You need to ask your structural engineer whether the problem you are having is caused by the design of your foundation being improper for the soil conditions. The fact that it took 23 years for you to notice any problems is circumstantial evidence that is not likely the problem.
Most age-related foundation problems are exacerbated by placing trees or large shrubs too close to the foundation and failing to properly hydrate the soil. The general rule is that no limbs or branches should ever grow over the dwelling. If branches grow over the roof, there are roots growing under the foundation which will sap water from the soil, cause uneven subsidence, and put stress on the foundation.
Outdoor water bans enacted by some places during drought conditions are potentially very damaging to buildings with vegetation anywhere around the perimeter. Buried soaker hoses are essential and are often included as part of a comprehensive irrigation or sprinkler system.
A: If the previous owner in California knew about the foundation issue but failed to disclose it during the purchase, you may have legal options to hold them or their agent responsible for the necessary repairs. It's recommended to consult with a real estate attorney who specializes in California law. They can assess your specific situation and provide guidance based on the applicable laws in the state. They will help determine if you have grounds for a legal claim.
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