Recourse for non-disclosed structural damage (NH) (disclosure, attorney, inspector, claim)

[skibuddy3]

Hello!

I recently purchased a 2006 home, built by Presby, from the original owner, and a few weeks after closing, we discovered severe structural damage on the foundation of the home, root cause to be determined by excavation. The wall was bowing, then cracked so severely that you can stick your finger through to the outside, and touch the snow. Another wall also cracked, and is leaning about 2" over 8' of height. Grading is faulty, sloping towards the house, not away from it. Ground is clay. The home inspector missed, and did not report some of the key indicators for this to be a pre-existing condition. Now it appears as if the onus is on me to prove anyone knew about this, which will be difficult. The inspector's liability is limited to his fee. The previous owners claim they did not know, although they disclosed a water problem in the same area. Drywall was patched, and painted over, though. Presby says it's not their fault. They fixed that disclosed water problem in the past. The exact nature of it is still unknown. Excavation will show what backfill material was used around the house, and how far out it was used. And yes, of course there are lots of pictures we took.

I am looking for strong legal support, or any other insight you have. This situation is life-altering for me, as I'm at the tail end of a divorce, and just wanted to start over with my son here in the North Country.

Thanks!

[LCTMadison]

You can stick your finger thru the foundation wall and NO ONE noticed that? Inspector? You or your agent?

Holy cow. Attorney time.

[skibuddy3]

The area was covered with drywall on the inside. Once that imploded, we took it down and say the full extend of the damage. And also the area that was patched up previously. But yes, the inspector missed much more obvious signs as well, which I and the realtor noticed, but was told it's not a big deal, and due to the weather (frost-heaving), common to the area.

[Silverfall]

So you couldn't see the cracks, but could see the bowing?

What could the inspector see? Gross negligence is a different ballgame.

[FalconheadWest]

If the sellers thought they fixed a problem that they disclosed to you, how could you think they didn't disclose this other issue if neither you nor your own inspector saw it either? Sellers can only disclose issues they are aware of. If they weren't aware of it because there was sheetrock covering it from their previous repair, you're going to have a hard time proving they knew their previous repair didn't work.

[399083453]

Too much time has passed, your not going to get anything from anyone. Right now your a just another homeowner with a repair issue and you will have to pay for it. I think trying to blame someone and go after them will only result in legal bills.... Money that you could have spent fixing the issue.

Dig out area of foundation. Fix. Fill back in. Re-grade dirt around house. Replant grass. Done.

PS. To everyone thinking of finishing off their basement. Dont. Its a basement.

[jghorton]

You should have received a disclosure statement from the seller -- If they intentionally omitted the damage information or declared that it did not exist, you should have legal recourse. You may also be able to get back your inspection fee, but, are unlikely to collect any damages there. You can contact the seller for compensation, but, you will likely need an attorney to guide you and sue the sellers for damages.

[cully]

You could get some anecdotal info. Talk to neighbors. Someone may have seen certain contractor trucks "over there all the time". Or the owners at that time could have done a lot of complaining to neighbors about it.