Foundation issue should be evaluated by engineer

Q. We nearly sold our 30-year-old home after spending $20,000 on a remodel. The buyers were happy with it until their home inspector reported half an inch of foundation settlement. They canceled the sale, and so did the next buyers. At the same time, we have been trying to buy another home. The sellers accepted our offer and we thought we had a deal. The next day our agent told us the sellers had accepted a high offer from another buyer. We seem to be getting it on both ends: as buyers and as sellers. How can so many people make deals and then go back on the contracts?

A. Real estate transactions can sometimes be frustrating and seemingly unfair. This is most often the case for sellers because buyers are usually the ones to determine whether a deal goes forward. Unfortunately, you have found yourselves at a disadvantage as buyers and as sellers. Knowing the details you have told me, but without knowing every detail of your situation, I have two comments:

• When foundation disclosures in a home inspector cause buyers to back out of a deal, it's a good idea to hire a structural engineer for a comprehensive evaluation. If the engineer determines structural repairs are needed, you can get repair bids from licensed contractors and adjust your sales price accordingly or make needed repairs. If the engineer determines there is no significant foundation problem, the engineering report can be used to reassure future buyers.

• When a buyer and seller have both signed a purchase offer, that should seal the deal. At that point, the sellers should be contractually bound to the sale. Accepting another offer when a deal is already established is a breach of contract, although this may vary in some states. The real estate agent and broker in your situation should be aware of this. If you want to press the point, an attorney can probably pressure the sellers to accept the contract that was mutually signed, and a complaint to the state agency that licenses real estate professionals may pressure the agent and broker to support your position. On the other hand, finding another home that is being sold by more ethical sellers might lead you to a more satisfactory outcome.

Q. In one of your articles you said a closet is not required in a bedroom. I'm a Realtor, and in our county a room must have a closet in order to be approved as a bedroom. What is the source of your claim that a closet is not required? Where is this stated in the building code?

A. The building code states those things that are required, rather than things that are not required. If the code listed everything that is not required, it would be more voluminous than an encyclopedia. Rather than declaring that bedroom closets are not required, the building code is entirely silent on the subject. There is simply no mention of bedroom closets anywhere in the code.

If bedroom closets are required in your area, your state or local municipality may have instituted that standard in addition to the building code. You can determine this by consulting your local building department. If they tell you that a bedroom closet is required, ask them to show you the actual verbiage in their official standards.

• To write to Barry Stone, visit him on the web at www.housedetective.com, or write AMG, 1776 Jami Lee Court, Suite 218, San Luis Obispo, CA 94301.

© 2016, Action Coast Publishing