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#1
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Crack in foundation and home buying decision
We live in the greater Boston area and recently made an offer on a
house which was accepted. The house is a one-story ranch with a basement and is 48 years old. Today we had a home-inspection where vertical cracks running on both the front and rear foundation were discovered at approximately the same offset from the edge of the house. We first saw the house during an open-house and asked the seller's agent many times if there were any disclosures on the house to which she replied that it was an estate sale (the woman who was living in the property had passed away last year and nobody was living in the property at the present time) and so there is no disclosure. The seller's agent disclosed today that she had a letter from a structural engineer hired by the sellers, commenting on the problem. Some excerpts from the letter follow: "Based on the topography of the lot it is likely that the west end of the foundation was constructed on fill. The cracks are the result of some settlment within that fill. The crack at the front is approximately 1/8" wide and the east portion of the front foundation has moved south about 1/4" out of plane with respect to the west portion. The crack at the rear of the foundation is about 11 feet from the corner of the house and it is also about 1/8" wide" [I didn't measure the crack but it sure appears more than 1/8"; I could stick my pinky in] "Based on visual inspection of the color of the mortar inside the cracks and the lack of sharp corners, and the existence of old caulking inside the rear wall of the foundation, I conclude that the cracks have existed in the foundation for many years". "Any repairs made to the foundation cracks can be considered to be cosmetic" Our home inspector has cleverly let himself off the hook by noting the crack in the inspection and referencing the structural engineer's opinion in his report. Here are my questions: 1) How serious is the problem? What is the guarantee that the crack is not going to propagate? It seems to me that with freeze thaw cycles and natural expansion and contraction this could open the crack up and make it a horrible situation. 2) Was it legal for the seller's agent to not show us this letter before the offer was made despite our question about disclosures? At the very least it seems unethical to me. 3) Do I have the right to back out of the deal now? (I am talking to my attorney tomorrow anyway). 4) If I decide not to go through with the purchase and sale can I recover the cost of the inspection ($300 + $195 for a lead inspection) from the seller's agent for not having shown us this letter when we asked for disclosures? We would not have made an offer had the disclosure been made to us previously. 5) Our agent (buyer's agent) claims that nothing illegal has been done. I somehow get the feeling that there is no one representing our interests other than our attorney and that the Massachsetts real-estate dislosure laws are a joke. Frustrated and angry :- -Prospectivehomebuyer |
#2
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Crack in foundation and home buying decision
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#3
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Crack in foundation and home buying decision
I agree with first response, nothing illegal, maybe immoral.
Cracks in the foundation with old caulk means they have been there for a while. All houses settle. None of this sounds too horribly out of the ordinary. If it bothers you, don't buy the house (you will still pay your costs). If you were well advised, you would use it to have the price reduced & you can move in at a better price. Save your money, don't get it fixed, as it is only a cosmetic problem, not structural. Your house is not going to fall down anytime soon. -- Michael Papp iNet Lending Group www.iNet-Lender.com MSN Messenger ID - iNet-Lending "MaxAluminum" wrote in message om... (Prospectivehomebuyer) wrote in message . com... We live in the greater Boston area and recently made an offer on a house which was accepted. The house is a one-story ranch with a basement and is 48 years old. Today we had a home-inspection where vertical cracks running on both the front and rear foundation were discovered at approximately the same offset from the edge of the house. We first saw the house during an open-house and asked the seller's agent many times if there were any disclosures on the house to which she replied that it was an estate sale (the woman who was living in the property had passed away last year and nobody was living in the property at the present time) and so there is no disclosure. The seller's agent disclosed today that she had a letter from a structural engineer hired by the sellers, commenting on the problem. Some excerpts from the letter follow: "Based on the topography of the lot it is likely that the west end of the foundation was constructed on fill. The cracks are the result of some settlment within that fill. The crack at the front is approximately 1/8" wide and the east portion of the front foundation has moved south about 1/4" out of plane with respect to the west portion. The crack at the rear of the foundation is about 11 feet from the corner of the house and it is also about 1/8" wide" [I didn't measure the crack but it sure appears more than 1/8"; I could stick my pinky in] "Based on visual inspection of the color of the mortar inside the cracks and the lack of sharp corners, and the existence of old caulking inside the rear wall of the foundation, I conclude that the cracks have existed in the foundation for many years". "Any repairs made to the foundation cracks can be considered to be cosmetic" Our home inspector has cleverly let himself off the hook by noting the crack in the inspection and referencing the structural engineer's opinion in his report. Here are my questions: 1) How serious is the problem? What is the guarantee that the crack is not going to propagate? It seems to me that with freeze thaw cycles and natural expansion and contraction this could open the crack up and make it a horrible situation. 2) Was it legal for the seller's agent to not show us this letter before the offer was made despite our question about disclosures? At the very least it seems unethical to me. 3) Do I have the right to back out of the deal now? (I am talking to my attorney tomorrow anyway). 4) If I decide not to go through with the purchase and sale can I recover the cost of the inspection ($300 + $195 for a lead inspection) from the seller's agent for not having shown us this letter when we asked for disclosures? We would not have made an offer had the disclosure been made to us previously. 5) Our agent (buyer's agent) claims that nothing illegal has been done. I somehow get the feeling that there is no one representing our interests other than our attorney and that the Massachsetts real-estate dislosure laws are a joke. Frustrated and angry :- -Prospectivehomebuyer Everything sounds legal, if not ethical. Yes, you should be able to get out of it because of this flaw. You will be left with your personal fees and it's a good thing you had the inspection. The crack may have occured shortly after the construction 48 years ago and may not get worse. Nobody can tell you for sure. There are engineering processes that can stabilize the foundation and guarantee the work, but the house will always be under the stigma of this inherent flaw. If you do chose to proceed, I would at least get a reduction in price equal to the highest estimate for a properly engineered fix. The seller will have to disclose this to future shoppers and may have to cut the price anyway. If you plan to stay there many years, perhaps you could negotiate a super deal on this basis and benefit in the long run. |
#4
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Crack in foundation and home buying decision
On 16 Nov 2003 15:55:11 -0800, someone wrote:
I somehow get the feeling that there is no one representing our interests other than our attorney... Yes, that is *exactly* why the regulars here often tell people to get attorneys for their real estate deals. and that the Massachsetts real-estate dislosure laws are a joke. Well, it has just recently eveloved from buyer beware to more like don't ask don't tell. I take it nothing less than affirnative duty to disclose will satisfy you. But will you still feel that way when it is your turn to sell? What does your attorney think? They gave you the letter before you bought the house. The letter says there is no problem. How could a letter saying there was only a cosmetic problem, induce you NOT to buy? The opposite seems more reasonable. Now, if the letter instead said wraning Will Robinson, the house is about to collapse, then yeah they would need to disclose that. BUT the letter actually says the OPPOSITE. So how can there be a duty to disclose that someone said there is NO problem? And you DID find the cracks, not hidden at all. What does YOUR engineer say? If he says the cracks are a substantial defect, then looks like you found something in the inspection that you can use to exercize your cancellation clause (you do have one?). Frustrated and angry :- -Prospectivehomebuyer Get over it. Its only a coupla hundred bucks on a multi hundred THOUSAND dollar deal. You need to ante up to play this game. -v. |
#5
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Crack in foundation and home buying decision
On 17 Nov 2003 06:10:49 -0800, someone wrote:
If you do chose to proceed, I would at least get a reduction in price equal to the highest estimate for a properly engineered fix.... And what on earth makes you think that the Sellers will agree to this, when their engineer says it is not a problem? You say you would "at least" get this? And what would you get "at best"? Big talk. I'd like to see you get this concession from them. Only way to do it is if the "base" price is way over market, then the "concession" brings it to where it shoulda been in the first place. Like those car dealers who say "$3,000 guaranteed trade"; what do you think they do to the "base" price before the trade allowance? TANSTAAFL. I don't think you or they will get anything of the sort, it will NOT price acording to a formula, "asking price less the cost of ____ ". It will sell at a price that reflects its age & condition as perceived by the market, not that price less (double counting) its age and condition! If the Sleer already thinks the price is fair for the condition the house is in, he will not likely let the price down by muc, only nuisance amount to throw a bone and save a deal, NOT LIKELY the "highest estimate" for something he doesn't think is needed in the first place. Where do people think they are going to get the leverage to force such big talk concessions? -v. |
#6
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Crack in foundation and home buying decision
v wrote:
On 16 Nov 2003 15:55:11 -0800, someone wrote: I somehow get the feeling that there is no one representing our interests other than our attorney... Yes, that is *exactly* why the regulars here often tell people to get attorneys for their real estate deals. and that the Massachsetts real-estate dislosure laws are a joke. Well, it has just recently eveloved from buyer beware to more like don't ask don't tell. I take it nothing less than affirnative duty to disclose will satisfy you. But will you still feel that way when it is your turn to sell? What does your attorney think? They gave you the letter before you bought the house. The letter says there is no problem. How could a letter saying there was only a cosmetic problem, induce you NOT to buy? The opposite seems more reasonable. Now, if the letter instead said wraning Will Robinson, the house is about to collapse, then yeah they would need to disclose that. BUT the letter actually says the OPPOSITE. So how can there be a duty to disclose that someone said there is NO problem? And you DID find the cracks, not hidden at all. What does YOUR engineer say? If he says the cracks are a substantial defect, then looks like you found something in the inspection that you can use to exercize your cancellation clause (you do have one?). Frustrated and angry :- -Prospectivehomebuyer Get over it. Its only a coupla hundred bucks on a multi hundred THOUSAND dollar deal. You need to ante up to play this game. -v. Watch the wording, the report says any repairs made ARE cosmetic, meaning that serious structural repair is necessary to stabilize it. Now, while the house probably won't implode, a cracked foundation will definitely cause other issues i.e. a way for water and insects to get in. This will limit the usability of the basement. Also, a house will sag over the settled part of the foundation. This will result in problems such as doors/windows that won't close properly, cracked drywall/plaster, etc. even if the floors seem solid and level. If the house has settled as much as it is going to, then there should not be too much evidence of new cracks in the plaster. |
#7
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Crack in foundation and home buying decision
v wrote in reply to my original message:
Begin quote: "Well, it has just recently eveloved from buyer beware to more like don't ask don't tell. I take it nothing less than affirnative duty to disclose will satisfy you. But will you still feel that way when it is your turn to sell? What does your attorney think? They gave you the letter before you bought the house. The letter says there is no problem. How could a letter saying there was only a cosmetic problem, induce you NOT to buy? The opposite seems more reasonable. Now, if the letter instead said wraning Will Robinson, the house is about to collapse, then yeah they would need to disclose that. BUT the letter actually says the OPPOSITE. So how can there be a duty to disclose that someone said there is NO problem? And you DID find the cracks, not hidden at all. What does YOUR engineer say? If he says the cracks are a substantial defect, then looks like you found something in the inspection that you can use to exercize your cancellation clause (you do have one?)." End quote: v-I respect your opinion but beg to differ. In reply to your question if I will still feel that way when it is my turn to sell. The answer is an emphatic YES. In fact I have the moral authority to say this because this is precisely what I did when I sold my home in Pennsylvania couple of years ago. Against my agent's advice I ended up making a disclosure. I got more than asking price for my home. Disclosing known issues/problems up front takes away the buyer's negotiating points. The seller can be firm on the price after disclosing the issue/problem. I have no problem with that. My bigger problem is not the defect (cracks) itself. It is that the existence of such a letter was not shared with me before I decided to put in an offer. What I make of the letter is my own business. The fact that such an evaluation exists should have been disclosed to me. Why go through all this pain? I am sure the sellers are not happy with the outcome of this episode either. With the counsel of my attorney I am walking away from this deal. I am afraid if they concealed something like this what else is lurking for me after I get in? I still stand by what I said. Seller disclosure laws in Mass. are a joke. I do agree that a couple of hundred dollars is a small price in the grander scheme of things. But 32 states require a disclosure. Mass. is in the group of the other 18. Just my luck that I live here. |
#8
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Crack in foundation and home buying decision
Bruce Nolte N3LSY wrote in message ...
Watch the wording, the report says any repairs made ARE cosmetic, meaning that serious structural repair is necessary to stabilize it. Now, while the house probably won't implode, a cracked foundation will definitely cause other issues i.e. a way for water and insects to get in. This will limit the usability of the basement. Also, a house will sag over the settled part of the foundation. This will result in problems such as doors/windows that won't close properly, cracked drywall/plaster, etc. even if the floors seem solid and level. If the house has settled as much as it is going to, then there should not be too much evidence of new cracks in the plaster. Bruce, This is the reason why we walked. The letter from the engineer is very cleverly worded. At first glance it seemed to me that he was saying it is ok. But when I thought about it more, it occurred to me he is giving himself wide allowance. If the house falls apart he can always say, "see I told you that you can only do cosmetic repairs". The other thing that gave me pause was that it seemed that a number of doors had been recently replaced. I have heard that doors/windows stick on homes with this kind of problem. I am sure there is a buyer out there who can live with this type of uncertainty. Just not me. -Prospectivehomebuyer. |
#9
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Crack in foundation and home buying decision
The letter says there is no problem. How could a letter saying there
was only a cosmetic problem, induce you NOT to buy? The opposite seems more reasonable. Why do you think the letter says there is no problem? I think the letter says: There's a crack in the foundation. The previous owner appears to have attempted a repair. This repair, and any other repairs they might have made, has only cosmetic effect. I think the letter is silent about whether the crack is a problem and, if so, how serious it is. |
#10
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Crack in foundation and home buying decision
Prospectivehomebuyer wrote:
Bruce Nolte N3LSY wrote in message ... Watch the wording, the report says any repairs made ARE cosmetic, meaning that serious structural repair is necessary to stabilize it. Now, while the house probably won't implode, a cracked foundation will definitely cause other issues i.e. a way for water and insects to get in. This will limit the usability of the basement. Also, a house will sag over the settled part of the foundation. This will result in problems such as doors/windows that won't close properly, cracked drywall/plaster, etc. even if the floors seem solid and level. If the house has settled as much as it is going to, then there should not be too much evidence of new cracks in the plaster. Bruce, This is the reason why we walked. The letter from the engineer is very cleverly worded. At first glance it seemed to me that he was saying it is ok. But when I thought about it more, it occurred to me he is giving himself wide allowance. If the house falls apart he can always say, "see I told you that you can only do cosmetic repairs". The other thing that gave me pause was that it seemed that a number of doors had been recently replaced. I have heard that doors/windows stick on homes with this kind of problem. I am sure there is a buyer out there who can live with this type of uncertainty. Just not me. -Prospectivehomebuyer. In my grandmother's old farmhouse where I currently reside, I constantly am dealing with water coming in a seam in the foundation where an L was added for the old well pump, and seepage from some small cracks. I also have a problem with a "swayback" roof, and the misalignments have pretty much made every door in the house unclosable without forcing them, or having to shave them down. In my old townhouse condo which was built in the late 70's, some of the units were built on slabs on sandy fill at the edge of a swamp, and the association had to spend tens of thousands of dollars to shore them up. That, along with having to replace roofs with FRP after only 12 to 15 years (among other problems) left little money for improvements or ammenities. Needless to say, all these problems did wonders for property values there. The farmhouse has been sold to a new owner and I will be the tenant for only a couple more months, and I am building a new modular nearby. The poured reinforced concrete foundation sets on virgin soil on a ridgetop, so I hope it has a long, stable, and troublefree life. |
#11
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Crack in foundation and home buying decision
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#12
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Crack in foundation and home buying decision
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#13
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Crack in foundation and home buying decision
Just in case anyone in this newsgroup is tempted to get involved with
Michael Papp of iNet Lending (screen name Canzie), I must tell you that he is not to be trusted. In fact he is a thief and a liar. If you want to deal with him at least do so knowing that much about him. When I say he is a thief I mean that he orders services from individuals having no intention to pay for them. That's defacto thievery. I have done good work for him, engineering work that he now shows on one of his Web sites, presenting it as if it were his own work (I can prove that and prove that it is my own work, not his -- just email me by removing or replacing the MUNGE text in my reply-to email address). He hasn't paid even though he continued to order work done weeks after he was invoiced and say that he was pleased with the progress made on the design project. He doesn't intend to pay, as evidenced by the fact that he doesn't return courteous emails and phone messages. I've confirmed that he is active in business and is not ill or incapacitated (i.e. he has no legitimate excuses). If Michael Papp is willing to shaft individuals who do good work for him and please him with their services imagine what he wouldn't mind doing to those who simply want him to do good work for them . . . If you want to take out a loan through him, do a little thinking and a little research first. Michael Papp claims on one of his own Web sites, "deadbeatdad.org", that he is "the most arrested man in New Jersey". Of course he claims that the arrests were unjust, and indicates via many examples just how much of a pycho his ex-wife is or was in getting him charged falsely many times. He says that she claimed that he is a "pathological liar" . . . as if that is an entirely untrue insult. I now suspect that his wife may be the more honest and sane one of the two. This man claims he has made two fortunes, and lost both, is now on his 3rd. I suspect if he made two fortunes he lost them both for reasons of poor judgement and dubious morals. Michael Papp also claims in Usenet newsgroup postings that he is making big bucks, lots more than his critics make. That's a rather telling claim, I think. If it's true then he's not just a thief, he's particularly dispicable because he could afford to pay me what he owes me, and if it's false then he's very obviously a liar. Don't trust this man. He uses a number of email aliases, among them are these at bottom -- but I've MUNGED them just to take the high ethical ground and not expose him to any more SPAM than is necessary. However, in posting the email addresses at all I consider that the good of those individuals who might otherwise unwittingly get involved with this man outweighs consideration for the man himself. Beware these email addresses: , , , , Mark 'Sporky' Stapleton Charlotte, North Carolina Canzie wrote: I agree with first response, nothing illegal, maybe immoral. Cracks in the foundation with old caulk means they have been there for a while. All houses settle. None of this sounds too horribly out of the ordinary. If it bothers you, don't buy the house (you will still pay your costs). If you were well advised, you would use it to have the price reduced & you can move in at a better price. Save your money, don't get it fixed, as it is only a cosmetic problem, not structural. Your house is not going to fall down anytime soon. -- Michael Papp iNet Lending Group www.iNet-Lender.com MSN Messenger ID - iNet-Lending |
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