On Jan 29, 8:31*am, Banty wrote:
In article ,
says...







On Jan 27, 9:40=A0pm, Boden wrote:
Mac wrote:
"Boden" wrote in message
...

Mac wrote:

Hello everyone,
My wife and I bought our first house. =A0A bit of a long story but suff=
ice
it to say that we had very little time to make our decision and were
burnt out when we finally did.
We got the boot from our seven year rental house because the landlords
wanted to move back in. =A0We used up 40 of our sixty days on a house t=
hat
didn't pass inspection (and the sellers rejected the inspection). =A0Wh=
en
we were finally released from the first house we had about a week to
choose a place (we could afford), make the offer, negotiate, close, and=

move. =A0We knew we should rent and try to slow things down but couldn'=
t
find anything that would take our four cats.
So, during the final walk through we noticed a couple of cracks in the
block foundation. =A0Our realtor told us we could simply fill the crack=
s
with a specially formulated epoxy (and gun) and told me where to buy it=
.
After the closing, we went straight to the place she told up to go and
they looked at me kind of sad like and said, "she doesn't know what she=
's
talking about, you can't use epoxy for block walls. =A0I felt the dark
clouds forming over my head at that moment. =A0The epoxy supplier gave =
us a
name of a contractor and he came to the house. =A0He told us not to mov=
e in
(which was to happen the very next day), and that we got hosed. =A0Ever=
y
wall (that we can see) has several cracks in it (initially hidden by
boxes shoved into closets that were built over the cracked walls). =A0I=
n
hind site, we should have walked away from the place after the final
walkthrough but we were lead to believe that the walkthrough was just a=

formality and that we were pretty much locked in to the purchase at tha=
t
point.
Okay, so the seller's disclosure form claims there are no cracks in the=

basement walls, that there are no leakage problems (which there are), a=
nd
no material or plumbing defects that would cause leaking water (I had t=
o
completely regrout the tile shower stall to make it usable.
We found the home buying process to be very dishonest and ugly. =A0I
thought I did my homework (my wife said I was obsessed with not getting=

screwed, which I was) but here we are.
These folks made a huge profit (enough to retire on) from us and we're
paycheck to paycheck people stuck with a house we would have to lie abo=
ut
to resell (which we won't do).
So, short of spending 20-30 grand to have the foundation fixed, what ca=
n
we do? =A0We don't have (and never will have) that kind of money.
Some folks have told me that many buyers don't really care about cracks=

in foundation walls (in a house this age, built in the early sixties),
but I find this hard to believe.
After all we've been through, we would like to sell the place for the
price of the loan and get another rental (at least for a while). =A0I a=
m an
educator and spend my days trying to teach honesty and integrity and th=
is
whole experience affected me deeply. =A0It's not a bad place (other tha=
n
the problems described), it's in a good neighborhood, close to a church=
,
and pretty quiet with very nice neighbors. =A0But still, I want out in =
a
year or so.
Are there any consumer protection agencies for this sort of thing? =A0T=
here
are plenty of books out there on how to screw people over but nothing f=
or
the person that gets screwed.
Any advice? =A0Should we just chisel out the cracks (steps, horizontal,=
and
vertical) and fill them with mortar as best we can? =A0I'm a handy guy =
but
know next to nothing about masonry.
Sorry for the long post and thanks for listening.

I've been following this post for several days and have a couple of
thoughts. =A0It sounds like you've been had. =A0To make you whole you wi=
ll
probably need to litigate. =A0Take a set of good photos that illustrate =
the
problem(s). =A0Make the measurements suggested elsewhere to determine if=
the
walls are moving, and are now non-planar. =A0Find an attorney with a goo=
d
track record in this area, not one that a friend of a friend suggests.. =
=A0Do
your homework and interview several. =A0You are hiring them as a
consultant...approach it that way.

A first order search could be done by using Martindale-Hubble
(www.martindale.com) =A0Talk with the attorney, ask him to suggest an
engineer. =A0The reason for this is that the attorney will know which
engineer will provide the evaluation and opinion that is most likely to
aid you. =A0This may not be the same engineer you will use later to desi=
gn a
remedy, but the best engineer, complete with plastic pocket protector ma=
y
not be the one your attorney wants testifying.

If you can find an attorney who will take this (perhaps on contingency)
then have at the seller. =A0After you know what resources you have to fi=
x
the problem talk with a good engineer and perhaps a hydro-geologist if
water is an issue. =A0Remember though that little can be accomplished to=

hold back water from the inside of the foundation. =A0Diversion of the w=
ater
from the outside is the most effective approach. =A0French drains, perim=
eter
drains at the level of the footings, etc. are most effective.

I'm an engineer who has worked with numerous attorneys as an expert
witness...we've never lost a case. =A0(I don't do it any more. =A0I'm
retired.) However, I feel quite confident when I say that as with any
profession, 90% of the engineers and attorneys are not in the top 10%..
Choose carefully.

Boden

Boden,
Feel like coming out of retirement?
Seriously, thanks for the advice. =A0I hope I'm better at choosing an at=
torney
than I am at real estate agents and inspectors.
I'm concerned though, if I go with an experienced attorney that has been=
in
the area for a while...he may know the seller. =A0The seller was a busin=
essman
in this area for almost forty years. =A0If I go with a young hot shot, h=
e/she
may lack experience. =A0Should I look for someone with a limited area of=

expertise (including real estate) or one with a broader scope?
I will do my homework and take the measurements.
Again, any advice would be appreciated.
-Mac

I'd look for an attorney outside the town/city you live in. =A0Find out
where the court for your county is. =A0Look for an attorney in that city.
=A0 Some individual practitioners are very good, but the larger firms tend=

to have resources that may be useful. =A0The hourly cost is not as
important as the total cost. =A0I find that the more experienced folks
often cost less at the end of the day. =A0Negotiate. =A0Contingency, fixed=

price, not to exceed, etc. =A0Attorneys are in business too.

Boden- Hide quoted text -

- Show quoted text -

Before I get all lawyered up, I'd find out the total extent of the
problems, which no one knows at this point. * *If you have only $5K in
repairs, then small claims is likely going to be the best option.
It's very unlikely an attorney is going to take this kind of case on
contingency, unless the potential recovery is large. *Between
attorney's fees and expert witness fees, you have to make a rational
decision of what this could cost, vs what you MIGHT win. * And then
there is the issue of collecting. * Getting a judgement and collecting
are two different things.

I'd ask around for references for lawyers from people you know.

He can consult once with a lawyer about property matters in order to know what
the law is and requirements are w.r.t. disclosure. *He doesn't have to "lawyer
up" to gain benefit from legal advice.

Banty- Hide quoted text -

- Show quoted text -


Yes, many lawyers offer a free consultation. But you need to have
some common sense going into this. He doesn't even know the extent
of the problems. I'd concentrate on that before worrying about
choosing a lawyer. If he's out $2K, it's a whole different picture
than being out $50K. It's better he know which it is before he wastes
time with a lawyer based on hypotheticals.