foundation fluster

[chris1kanobi]

I bought a house a few years ago and did not have it inspected.
(First mistake) Then I wanted to have an addition put onto the house and
the contractor did not think that the existing foundation would
withstand the digging and compacting of the surrounding soil. We hired a
structural engineer to offer suggestions for reinforcing and repairing
the foundation, but the cost of repair and remodeling became out of our
budget. So, we decided to sell the house and move. We did not disclose
the information about the remodel or the foundation work that we
inquired about to the buyer. I feel that the foundation repairs were
only needed for the remodel, but the engineer told me that they needed
to be done any ways (after it was sold). Am I legally responsible for
the repairs? The new owner did not have an inspection done when he
bought the house, is he somewhat liable? I was thinking of having a
second opinion by another structural engineer, who should pay for that?
Help, Chris

 

[chris1kanobi]

I forgot, I am in Colorado

 

[Prairielaw]

Boy, it sounds like some lost sleep as result of non disclosure. I do not know the Colorado case law on this. But, generally a seller is obligated to disclose any material facts to the buyer. Material just meaning whether it is a fact that would cause a buyer to buy or to pay what they did. It looks material in your case. Thus you could be liable to the buyer for all of the buyer's damages which could well be the costs of repairs.

I would be at least giving a local real estate lawyer a call.

Law on, Kevin

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Kevin O'Keefe
Founder & Fearless Community Leader
Prairielaw.com
"More people helping people with the law than anywhere."

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by chris1kanobi:
I bought a house a few years ago and did not have it inspected.
(First mistake) Then I wanted to have an addition put onto the house and
the contractor did not think that the existing foundation would
withstand the digging and compacting of the surrounding soil. We hired a
structural engineer to offer suggestions for reinforcing and repairing
the foundation, but the cost of repair and remodeling became out of our
budget. So, we decided to sell the house and move. We did not disclose
the information about the remodel or the foundation work that we
inquired about to the buyer. I feel that the foundation repairs were
only needed for the remodel, but the engineer told me that they needed
to be done any ways (after it was sold). Am I legally responsible for
the repairs? The new owner did not have an inspection done when he
bought the house, is he somewhat liable? I was thinking of having a
second opinion by another structural engineer, who should pay for that?
Help, Chris

<HR></BLOCKQUOTE>

Sorry to say but you are guilty of nondisclosure for not disclosing to the Buyer all the requisite information that you knew and should have known. Even if the foundation investigation info was for remodeling purposes only, you were still required pursuant to State law, to disclose the information. You are responsible even if the Buyer did not get a home inspection. Any additional costs of investigation and second opinions are your cost.

 

[Tracey]

See a real estate attorney immediately. You're going to have to have him/her research case law to see if you shold have disclosed the foundation report or if you could not disclose it since you thought it was necessary only if you added a room onto the house.

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.