Cracked foundation discoverd after recent purchase

What is the name of your state? California
I closed escrow for my house, which was build in 1997, on April 17, 2003. The first week of May 2003, I received a letter from a law firm that has a class action lawsuit (initial buyers -not subsequent buyers- vs. developer) against the builders of the home for not using steel mesh or reinforcing the foundation with rebar (many homes by this builder in various developments have cracked foundations). I contacted the law firm to see if the seller knew of the pending lawsuit before the house was sold – he did not, as the May 2003 notification was the first.
The cracks were not visible during buyer’s inspection, as the bedrooms had carpet and all other rooms have ceramic tile. The seller and his agent stated that the tile in the hallways, front room, kitchen and guest bathroom was new. One of the cracks (approximately ¼ inch wide and over 2 1/2 inches deep) runs the length of one bedroom, through the closet and into the hallway.
Do I have any recourse against the seller for not disclosing the cracked foundation? I cannot imagine that he did not know about the cracks if he recently retiled. I have thought about calling the seller to see when he re-tiled and who actually performed the work, but I just took him to small claims for not vacating the property when escrow closed. Does the seller have to give me this information? Any advice would be greatly appreciated!

[HomeGuru]

Originally posted by dmath333
What is the name of your state? California
I closed escrow for my house, which was build in 1997, on April 17, 2003. The first week of May 2003, I received a letter from a law firm that has a class action lawsuit (initial buyers -not subsequent buyers- vs. developer) against the builders of the home for not using steel mesh or reinforcing the foundation with rebar (many homes by this builder in various developments have cracked foundations). I contacted the law firm to see if the seller knew of the pending lawsuit before the house was sold – he did not, as the May 2003 notification was the first.
The cracks were not visible during buyer’s inspection, as the bedrooms had carpet and all other rooms have ceramic tile. The seller and his agent stated that the tile in the hallways, front room, kitchen and guest bathroom was new. One of the cracks (approximately 1/4 inch wide and over 2 1/2 inches deep) runs the length of one bedroom, through the closet and into the hallway.
Do I have any recourse against the seller for not disclosing the cracked foundation? I cannot imagine that he did not know about the cracks if he recently retiled. I have thought about calling the seller to see when he re-tiled and who actually performed the work, but I just took him to small claims for not vacating the property when escrow closed. Does the seller have to give me this information? Any advice would be greatly appreciated!

**A: the law firm may be a point of contact as before such a lawsuit was filed, they may have contacted all homeowners in the development to inquire as to whether they wanted to opt in or out.