My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

On Dec 4, 4:41�am, hands on wrote:
My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

might as well fix it, since you must disclose the problem to all
buyers and they wouldnt pay what you paid for the home.

your only option is sue to get it fixed or ruin your credit and walk
away, letting the bank take it back thru foreclosure.

you need a lawyer, best wishes

On Dec 4, 7:51Â*am, " wrote:
On Dec 4, 4:41�am, hands on wrote:

My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

might as well fix it, since you must disclose the problem to all
buyers and they wouldnt pay what you paid for the home.

your only option is sue to get it fixed or ruin your credit and walk
away, letting the bank take it back thru foreclosure.

you need a lawyer, best wishes


I agree a sale isn't going to solve this. If you disclose it as
required, from what little we know, it sounds like the house would be
just about unsalable. And if you don't, the buyer is going to figure
it out and sue you when they find out.

Also, walking away in most cases has implications beyond a ruined
credit rating. The holder of the mortgage can still come after you
for the shortfall and assuming you have any other assets, income, etc,
collect. If the overall financial situation is so bad you have to
file bankruptcy, then that's one way it could be wiped out.

In many areas new homes have some type of warranty program backed by
an independent agency that covers major structural issues like
this.

I also agree that you need to talk to a good lawyer.

On Dec 4, 5:28 pm, Bubba wrote:
On Tue, 4 Dec 2007 05:18:21 -0800 (PST), wrote:
On Dec 4, 7:51 am, " wrote:
On Dec 4, 4:41?am, hands on wrote:

My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

might as well fix it, since you must disclose the problem to all
buyers and they wouldnt pay what you paid for the home.

your only option is sue to get it fixed or ruin your credit and walk
away, letting the bank take it back thru foreclosure.

you need a lawyer, best wishes

I agree a sale isn't going to solve this. If you disclose it as
required, from what little we know, it sounds like the house would be
just about unsalable. And if you don't, the buyer is going to figure
it out and sue you when they find out.

Also, walking away in most cases has implications beyond a ruined
credit rating. The holder of the mortgage can still come after you
for the shortfall and assuming you have any other assets, income, etc,
collect. If the overall financial situation is so bad you have to
file bankruptcy, then that's one way it could be wiped out.

In many areas new homes have some type of warranty program backed by
an independent agency that covers major structural issues like
this.

I also agree that you need to talk to a good lawyer.

and now trader is a realtor/lawyer expert.
You are some EE. In case you havent heard Einstein, bankruptcy doesnt
always relieve you 100% anymore. Try something else you dont know.
Bubba- Hide quoted text -

- Show quoted text -

Bubba, is this your new pastime? Following me around, attacking me
over nothing?

If you follow the thread, all I did was point out that walking away
from a bad house and letting
the bank foreclose doesn't absolve the owner of the debt. If the
bank is still owed more than
the house can be sold for, they can come after other assets or
income. And yes, I said:

"If the overall financial situation is so bad you have to file
bankruptcy, then that's one way it could be wiped out."

Note the word "could". I never said that bankruptcy will ALWAYS wipe
out all of it. But often it still does. For example, if the
debtor's income is less than the median in their area, then they can
go for liquidation bankruptcy. If not, then it gets more complicated
and there is means testing to determine if they will be required to
pay back some of the debt over time.

You'll also note that I suggested they contact a lawyer.

And once again, besides baseless attacks, you contributed exactly what
that was helpful to the discussion?

On Dec 5, 12:01 pm, wrote:
On Dec 4, 5:28 pm, Bubba wrote:



On Tue, 4 Dec 2007 05:18:21 -0800 (PST), wrote:
On Dec 4, 7:51 am, " wrote:
On Dec 4, 4:41?am, hands on wrote:

My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

might as well fix it, since you must disclose the problem to all
buyers and they wouldnt pay what you paid for the home.

your only option is sue to get it fixed or ruin your credit and walk
away, letting the bank take it back thru foreclosure.

you need a lawyer, best wishes

I agree a sale isn't going to solve this. If you disclose it as
required, from what little we know, it sounds like the house would be
just about unsalable. And if you don't, the buyer is going to figure
it out and sue you when they find out.

Also, walking away in most cases has implications beyond a ruined
credit rating. The holder of the mortgage can still come after you
for the shortfall and assuming you have any other assets, income, etc,
collect. If the overall financial situation is so bad you have to
file bankruptcy, then that's one way it could be wiped out.

In many areas new homes have some type of warranty program backed by
an independent agency that covers major structural issues like
this.

I also agree that you need to talk to a good lawyer.

and now trader is a realtor/lawyer expert.
You are some EE. In case you havent heard Einstein, bankruptcy doesnt
always relieve you 100% anymore. Try something else you dont know.
Bubba- Hide quoted text -

- Show quoted text -

Bubba, is this your new pastime? Following me around, attacking me
over nothing?

If you follow the thread, all I did was point out that walking away
from a bad house and letting
the bank foreclose doesn't absolve the owner of the debt. If the
bank is still owed more than
the house can be sold for, they can come after other assets or
income. And yes, I said:

"If the overall financial situation is so bad you have to file
bankruptcy, then that's one way it could be wiped out."

Note the word "could". I never said that bankruptcy will ALWAYS wipe
out all of it. But often it still does. For example, if the
debtor's income is less than the median in their area, then they can
go for liquidation bankruptcy. If not, then it gets more complicated
and there is means testing to determine if they will be required to
pay back some of the debt over time.

You'll also note that I suggested they contact a lawyer.

And once again, besides baseless attacks, you contributed exactly what
that was helpful to the discussion?

They tested the soil right next to my foundation. They went down 6
feet/ nothing but sand and wet clay. After reaching 6 feet the soil
impact tester dropped out of site at 2 spots with no resistance. Time
to "lawyer up"

"hands on" wrote in message
...
On Dec 5, 12:01 pm, wrote:
On Dec 4, 5:28 pm, Bubba wrote:



On Tue, 4 Dec 2007 05:18:21 -0800 (PST), wrote:
On Dec 4, 7:51 am, " wrote:
On Dec 4, 4:41?am, hands on wrote:

My house of 2 1/2 years old has been determined by soil tests not
to
meet the 1500 pounds per square foot load bearing capacity minimum
it
was designed for. 4 of 5 test sites next to my foundation failed
by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of
it
and still have a defective house or sell it like it is.

might as well fix it, since you must disclose the problem to all
buyers and they wouldnt pay what you paid for the home.

your only option is sue to get it fixed or ruin your credit and walk
away, letting the bank take it back thru foreclosure.

you need a lawyer, best wishes

I agree a sale isn't going to solve this. If you disclose it as
required, from what little we know, it sounds like the house would be
just about unsalable. And if you don't, the buyer is going to figure
it out and sue you when they find out.

Also, walking away in most cases has implications beyond a ruined
credit rating. The holder of the mortgage can still come after you
for the shortfall and assuming you have any other assets, income, etc,
collect. If the overall financial situation is so bad you have to
file bankruptcy, then that's one way it could be wiped out.

In many areas new homes have some type of warranty program backed by
an independent agency that covers major structural issues like
this.

I also agree that you need to talk to a good lawyer.

and now trader is a realtor/lawyer expert.
You are some EE. In case you havent heard Einstein, bankruptcy doesnt
always relieve you 100% anymore. Try something else you dont know.
Bubba- Hide quoted text -

- Show quoted text -

Bubba, is this your new pastime? Following me around, attacking me
over nothing?

If you follow the thread, all I did was point out that walking away
from a bad house and letting
the bank foreclose doesn't absolve the owner of the debt. If the
bank is still owed more than
the house can be sold for, they can come after other assets or
income. And yes, I said:

"If the overall financial situation is so bad you have to file
bankruptcy, then that's one way it could be wiped out."

Note the word "could". I never said that bankruptcy will ALWAYS wipe
out all of it. But often it still does. For example, if the
debtor's income is less than the median in their area, then they can
go for liquidation bankruptcy. If not, then it gets more complicated
and there is means testing to determine if they will be required to
pay back some of the debt over time.

You'll also note that I suggested they contact a lawyer.

And once again, besides baseless attacks, you contributed exactly what
that was helpful to the discussion?

They tested the soil right next to my foundation. They went down 6
feet/ nothing but sand and wet clay. After reaching 6 feet the soil
impact tester dropped out of site at 2 spots with no resistance. Time
to "lawyer up"


What's a builder supposed to do if they want to fix the situation BEFORE
building a house?

On Dec 5, 12:01 pm, wrote:
On Dec 4, 5:28 pm, Bubba wrote:



On Tue, 4 Dec 2007 05:18:21 -0800 (PST), wrote:
On Dec 4, 7:51 am, " wrote:
On Dec 4, 4:41?am, hands on wrote:

My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

might as well fix it, since you must disclose the problem to all
buyers and they wouldnt pay what you paid for the home.

your only option is sue to get it fixed or ruin your credit and walk
away, letting the bank take it back thru foreclosure.

you need a lawyer, best wishes

I agree a sale isn't going to solve this. If you disclose it as
required, from what little we know, it sounds like the house would be
just about unsalable. And if you don't, the buyer is going to figure
it out and sue you when they find out.

Also, walking away in most cases has implications beyond a ruined
credit rating. The holder of the mortgage can still come after you
for the shortfall and assuming you have any other assets, income, etc,
collect. If the overall financial situation is so bad you have to
file bankruptcy, then that's one way it could be wiped out.

In many areas new homes have some type of warranty program backed by
an independent agency that covers major structural issues like
this.

I also agree that you need to talk to a good lawyer.

and now trader is a realtor/lawyer expert.
You are some EE. In case you havent heard Einstein, bankruptcy doesnt
always relieve you 100% anymore. Try something else you dont know.
Bubba- Hide quoted text -

- Show quoted text -

Bubba, is this your new pastime? Following me around, attacking me
over nothing?

If you follow the thread, all I did was point out that walking away
from a bad house and letting
the bank foreclose doesn't absolve the owner of the debt. If the
bank is still owed more than
the house can be sold for, they can come after other assets or
income. And yes, I said:

"If the overall financial situation is so bad you have to file
bankruptcy, then that's one way it could be wiped out."

Note the word "could". I never said that bankruptcy will ALWAYS wipe
out all of it. But often it still does. For example, if the
debtor's income is less than the median in their area, then they can
go for liquidation bankruptcy. If not, then it gets more complicated
and there is means testing to determine if they will be required to
pay back some of the debt over time.

You'll also note that I suggested they contact a lawyer.

And once again, besides baseless attacks, you contributed exactly what
that was helpful to the discussion?

They tested the soil right next to my foundation. They went down 6
feet/ nothing but sand and wet clay. After reaching 6 feet the soil
impact tester dropped out of site at 2 spots with no resistance. Time
to "lawyer up"

hands,

You probably should seek the advice of a lawyer and check to see if the
builder is still in business.
Your post is a bit confusing since you claim the house is not able to
bear it's specified load but you prove this with soil tests. I suspect that
you mean that the foundation has problems. As others have said a house with
a bad foundation has little value. You'll need to fix this. With luck the
builder will pay.

Dave M.

On Dec 4, 4:41 am, hands on wrote:
My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

Have there been foundation failures in your immediate area?
Are there any indications that there is settlement?
What prompted you to have the soils analyzed 2 1/2 years later?
What did the test results indicate is the bearing capacity of your
soil?

R

On Dec 4, 9:05 am, RicodJour wrote:
On Dec 4, 4:41 am, hands on wrote:

My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

Have there been foundation failures in your immediate area?
Are there any indications that there is settlement?
What prompted you to have the soils analyzed 2 1/2 years later?
What did the test results indicate is the bearing capacity of your
soil?

Yes having foundation issues, cracking.

hands on wrote:
My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

Do you have fire insurance?

Just asking.

HeyBub wrote:
My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.




I find this subject fascinating, I am thinking of buying a new home and never
thought this a problem. I assumed that this test was run by the builder
before construction. I guess I should never assume anything. Other posters
suggested fixing the problem and my question is how do you "fix" this problem?
The OP sounds like being stuck with a "defective house" means it cannot be
repaired. Did the engineer tell you this? Also, what kind of foundation do
you have? Full basement, concrete slab, crawlspace?

--
Message posted via HomeKB.com
http://www.homekb.com/Uwe/Forums.aspx/repair/200712/1

Inspector,

There are lots of businesses that do foundation repair. The solution to a
problem depends on the problem. From the OP's post it sounds as if his home
was built on poorly compacted fill dirt, the house is now compacting the
fill dirt, and this is happening unevenly thus causing foundation cracks. So
someone needs to dig or push down to good, well compacted, soil and pour
some piers under the sagging foundation. Not cheap but the house is
repairable unless it was actually built in a swamp or someplace without good
soil within a reachable depth..

Dave M.

David L. Martel wrote:
Inspector,

There are lots of businesses that do foundation repair. The solution to a
problem depends on the problem. From the OP's post it sounds as if his home
was built on poorly compacted fill dirt, the house is now compacting the
fill dirt, and this is happening unevenly thus causing foundation cracks. So
someone needs to dig or push down to good, well compacted, soil and pour
some piers under the sagging foundation. Not cheap but the house is
repairable unless it was actually built in a swamp or someplace without good
soil within a reachable depth..

Dave M.

Thanks for the info

--
Message posted via HomeKB.com
http://www.homekb.com/Uwe/Forums.aspx/repair/200712/1

On Dec 4, 3:41 am, hands on wrote:
My house of 2 1/2 years old has been determined by soil tests not to
meet the 1500 pounds per square foot load bearing capacity minimum it
was designed for. 4 of 5 test sites next to my foundation failed by an
engineering company test.
So I have a dilemma-sue the builder, maybe get some money out of it
and still have a defective house or sell it like it is.

How do you know? Did someone dig down to the footing and test the soil
or
did you test the backfill next to the foundation? Are you using
information
from the lots next to you and not your own?
Lou