Are we responsible for cracked tile floor?

[TSholl]

Hello
We just recently sold our home, the tile in the kitchen was cracked the entire time(6yrs)that we lived there. The new owners came through house 2 times and then had home inspectors come and then went through for a final walk through one hour before closing. Now that they have moved in they want us to replace the floor. They said we were hiding it due to throw rugs. They are wanting to sue us over this? Do you have any suggestions on how to resolve? Are we responsible?

 

[Tracey]

Well, you were hiding it, weren't you? Did they have knowledge of the tile cracks before closing? Should they have noticed? Were there cracked tiles that weren't covered by the rugs? Check your state laws to see if you have to disclose the condition of the floors. If the state disclosure form says nothing about the floors, maybe cracked tiles are not considered 'material' defects in your state.

Sellers are responsible for negligently failing to disclose material defects that they knew about and which buyers couldn't be expected to have discovered on their own. Evidence that seller made attempts to cover up a defect shows intent for willfull failure to disclose, which allows a court to award punitive damages. The damages is the amount of money S would have had to knock off the price to get B to complete the sale.

Maybe you could offer to split the cost of a new floor 50-50?

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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.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by TSholl:
Hello
We just recently sold our home, the tile in the kitchen was cracked the entire time(6yrs)that we lived there. The new owners came through house 2 times and then had home inspectors come and then went through for a final walk through one hour before closing. Now that they have moved in they want us to replace the floor. They said we were hiding it due to throw rugs. They are wanting to sue us over this? Do you have any suggestions on how to resolve? Are we responsible?<HR></BLOCKQUOTE>

My opinion is that you are responsible for the tiles due to your failure to disclose the condition. Because it appears that the condition is considered a material defect by the Buyers based on their notice to you of the problem after discovery. A simple notation on the seller disclosure form regarding the cracked tiles would have protected you. The Buyers did not accept the cracked tiles because they were not aware of them and you were for 6 long years. To protect your position as Seller, disclosure of the tiles should have been made such as: the tiles are cracked in approx.__________locations and SF and will not be repaired or replaced. The amount of times the Buyers walked through the home and had home inspectors inspect is irrelevant becasue the burden is on you as the Seller to disclose and not the Buyers or Buyers inspectors to discover. Especially when the condition is hidden from view due to the throw rugs.

 

[ham]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by TSholl:
Hello
We just recently sold our home, the tile in the kitchen was cracked the entire time(6yrs)that we lived there. The new owners came through house 2 times and then had home inspectors come and then went through for a final walk through one hour before closing. Now that they have moved in they want us to replace the floor. They said we were hiding it due to throw rugs. They are wanting to sue us over this? Do you have any suggestions on how to resolve? Are we responsible?<HR></BLOCKQUOTE>

The reason the inspector did not note them is because tile is considered a cosmetic item and does affect the condition of the house. In Texas, TREC does not recognize cometic items on a report unless it is affecting the function or a symptom of excessive movement of the foundation. but in that case, there would have been sheetrock or masonry cracks in walls or ceilings as well.Unless a rug went from wall to wall,covering every square inch, the tiles could have been noted by the buyer.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by ham:
The reason the inspector did not note them is because tile is considered a cosmetic item and does affect the condition of the house. In Texas, TREC does not recognize cometic items on a report unless it is affecting the function or a symptom of excessive movement of the foundation. but in that case, there would have been sheetrock or masonry cracks in walls or ceilings as well.Unless a rug went from wall to wall,covering every square inch, the tiles could have been noted by the buyer.<HR></BLOCKQUOTE>

Your opinion is that the home inspector did not notice the cracks because the tile is considered a cosmetic item in Texas. My opinion is that the inspector did not notice the cracks due to the fact the the cracks were hidden by the throw rugs. The ASHI Standards of Practice states that floors must be inspected but the inspector is not required to move any personal property.
Regardless of the cosmetic reference, the inspector would have been required to inspect the tile if the throw rugs were not present. Cracked tiles/grout may be indicative of movement due to soil, foundation and/or structural problems and such problems may cause cracks in the floor tiles only without causing cracks in the walls and ceilings. Cracked tiles are very common on a SOG (slab-on-grade) foundation and I have inspected many homes that had cracked tiles due to slab/soil problems where the sheetrock walls and ceilings showed no cracks.

 

[ham]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by HomeGuru:
Your opinion is that the home inspector did not notice the cracks because the tile is considered a cosmetic item in Texas. My opinion is that the inspector did not notice the cracks due to the fact the the cracks were hidden by the throw rugs. The ASHI Standards of Practice states that floors must be inspected but the inspector is not required to move any personal property.
Regardless of the cosmetic reference, the inspector would have been required to inspect the tile if the throw rugs were not present. Cracked tiles/grout may be indicative of movement due to soil, foundation and/or structural problems and such problems may cause cracks in the floor tiles only without causing cracks in the walls and ceilings. Cracked tiles are very common on a SOG (slab-on-grade) foundation and I have inspected many homes that had cracked tiles due to slab/soil problems where the sheetrock walls and ceilings showed no cracks.<HR></BLOCKQUOTE>
That's what I said(foundation related). But you missed the point, because the tiles are cosmetic, and there is no reason to replace them, they will most likely crack again, due to movement, and the tiles are just a cosmetic covering, like carpet or linoleum. When the seller removed paintings from the wall and maybe an exposed paint flaw was discovered, should they then pay to repaint the house for the new buyer? No, it's a used house.