Seller and agent fail to disclose defects

Posted April 04, 2009 11:00 pm

Barry Stone

Q. I purchased my home three years ago, and now I'm trying to sell it. My main concern is foundation settlement. Many cracks have appeared in the walls, especially above doors and windows, and I can't afford to pay for repairs. This was not disclosed when I bought the home, and now I'm unsure what to do. The cracks are likely to scare away buyers. What do you advise?

A. Cracks do not always indicate foundation problems. Often, they are cosmetic cracks that indicate normal building stresses due to changes in temperature and humidity or to expansive soil conditions. You should have your home checked by a structural engineer to determine if there are actual foundation problems. If the foundation is determined to be OK, then the engineer's report can be used for disclosure to buyers. If the engineer finds a foundation problem, you can adjust the sales price of the property accordingly.

• Barry Stone's column appears Sundays in Homes Plus. E-mail questions to him at www.housedetective.com or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.

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