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According to the paperwork that came from the builder (we are the 2nd owners) the foundation is warranted for 10 years for vertical deflections greater than 1/4". The house is only on year 8.
The thing we don't get is, there are no cracks anywhere in the walls or ceilings of the house, only in the garage floor. And, the cracks probably aren't helped by the fact that they never troweled seams (whatever they are called) into the garage floor. It was one perfectly flat piece.
This is a messy one. Normal surface cracking is not an issue. It happens. No biggie.
At this point I would advise my client to get an engieer in there to have a look. You should be able to hire one in Raleigh with no trouble. Call around and see what they want for a quick look consult and opinion. Should be a few hundred dollars.
Your problem is that you are now on notice of a potential problem. So is your Agent and the Agent's disclosure problem is worse than yours. I don't know anyway you can avoid telling other future buyers about it. The only way to get out from under is a professonal opinion.
If the consultant decides there is a problem that needs fixing his opinion will let you go after the builder for a fix.
And if there is no problem patch the crack and paint the garage floor for goodness sake.
You have received very little relevant advice here.
Many of the respondents have offered information that is based on their local laws and customs, but pretty much irrelevant in Raleigh, NC, as our local laws and customs regulate the transaction.
Your contract should define the responsibilities of parties in the transaction, including inspection and repair responsibilities, contingencies, and remedies.
If it doesn't, you and the Buyer have created a potential legal mess.
I would suggest you focus on the agreement to guide you, and possibly secure legal counsel to help you understand your situation as created by the contract.
I would agree that legal advice might well be useful...but not as a contract matter. It would be the interpretation of the NC disclosure laws that would be the more germane issue.
Sorry, you elected to go it alone, so alone you are. Figure it out yourself, if you have questions hire a real estate attorney. Welcome to real estate and I hope you learn that agents are there for a reason. I'm thinking you probably bought without representation too?
I know some of you won't like my answer, but it's an honest one.
I would agree that legal advice might well be useful...but not as a contract matter. It would be the interpretation of the NC disclosure laws that would be the more germane issue.
Another very good point. We are not party to the nature of the disclosure; we are not in position to offer advice on that either.
In NC, disclosure is not mandatory. Filling out and signing the form is, but "No Representation" is acceptable. Also, one will typically not disclose what one believes is not material.
And we don't know how the contract is worded, whether it is on the NC standard form, drafted by an attorney, written on a napkin, an internet form download, or a Staples form.
If the transaction is utilizing the Standard NC form, inspection and repair responsibilitiies, who pays, and the time frames are spelled out, so it is an interpretation of contract. If a party does not understand the parameters of the contract, that party should turn to professional representation for clarity.
Since the OP has no agency representation, she may need to consult an attorney for an opinion as to what they have wrought, and how the contract bolsters, weakens, or clouds her case.
We do have an "Agent" of sorts -- we did an FSBO with a "flat fee MLS listing" which provided us with an Agent. She, of course, cannot actively sell our home, negotiate for us, etc... but she HAS answered EVERY question we've had. And she did say that, per the contract, they can ASK for items, including this engineer, and we can decline, knowing we may lose the buyer.
I came here seeking MORE advice, that's all. I am sorry if I wasn't clear about that.
We do have an "Agent" of sorts -- we did an FSBO with a "flat fee MLS listing" which provided us with an Agent. She, of course, cannot actively sell our home, negotiate for us, etc... but she HAS answered EVERY question we've had. And she did say that, per the contract, they can ASK for items, including this engineer, and we can decline, knowing we may lose the buyer.
I came here seeking MORE advice, that's all. I am sorry if I wasn't clear about that.
We do have a tendency to walk all over a couple of lines here, and I have resolved to try to avoid inappropriate advice, both here and on the Raleigh board..
Item 1. Thanks for clarifying. You have an agent. Any professional should respect that agency relationship and not meddle. That agent should be your source for professional advice.
Item 2. One weakness of forums is the implied agency of a professional offering advice to participants. We may be responsible if something goes awry because a principal applies advice given.
The only appropriate advice from another agent in an instance like this is to tell you to refer to your agent, and possibly your attorney.
Thank you, Mike. I respect your position, and confess that I am very confident that my "Agent" (whom I absolutely LOVE, btw) has given me the best advice she was legally allowed to (without crossing the line she has as a flat fee agent), and we will go on from here.
I appreciate everyone else's responses and candor. Thank you.
We do have a tendency to walk all over a couple of lines here, and I have resolved to try to avoid inappropriate advice, both here and on the Raleigh board..
Item 1. Thanks for clarifying. You have an agent. Any professional should respect that agency relationship and not meddle. That agent should be your source for professional advice.
Item 2. One weakness of forums is the implied agency of a professional offering advice to participants. We may be responsible if something goes awry because a principal applies advice given.
The only appropriate advice from another agent in an instance like this is to tell you to refer to your agent, and possibly your attorney.
Bon chance!
Nonsense. I am not licensed in NC. I have no dutes owed there. I have no relationship with the seller.
And the question is of a mostly universal nature thus of interest to a wide audience. The vast majority of disclosure laws and inspection clauses are quite similar. And where they might be different it is useful for the agents to understand that difference. Change begins with the knowledge that another approach exists.
YOu might, in some cases, be able to argue a violation of the NAR COE. That would not appear to apply in this instance in any way I can see. And even that would be a very, very weak connection.
Let's work the questions. Leave the bureaucratic stuff for the bureaucrats.
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