My house of 2 1/2 years old has been determined by soil tests not to meet the 1500 pounds per square foot load bearing capacity minimum it was designed for. 4 of 5 test sites next to my foundation failed by an engineering company test. So I have a dilemma-sue the builder, maybe get some money out of it and still have a defective house or sell it like it is.
might as well fix it, since you must disclose the problem to all buyers and they wouldnt pay what you paid for the home.
your only option is sue to get it fixed or ruin your credit and walk away, letting the bank take it back thru foreclosure.
you need a lawyer, best wishes
I agree a sale isn't going to solve this. If you disclose it as required, from what little we know, it sounds like the house would be just about unsalable. And if you don't, the buyer is going to figure it out and sue you when they find out.
Also, walking away in most cases has implications beyond a ruined credit rating. The holder of the mortgage can still come after you for the shortfall and assuming you have any other assets, income, etc, collect. If the overall financial situation is so bad you have to file bankruptcy, then that's one way it could be wiped out.
In many areas new homes have some type of warranty program backed by an independent agency that covers major structural issues like this.
I also agree that you need to talk to a good lawyer.
hands,
You probably should seek the advice of a lawyer and check to see if the builder is still in business. Your post is a bit confusing since you claim the house is not able to bear it's specified load but you prove this with soil tests. I suspect that you mean that the foundation has problems. As others have said a house with a bad foundation has little value. You'll need to fix this. With luck the builder will pay.
Dave M.
Have there been foundation failures in your immediate area? Are there any indications that there is settlement? What prompted you to have the soils analyzed 2 1/2 years later? What did the test results indicate is the bearing capacity of your soil?
R
Do you have fire insurance?
Just asking.
I find this subject fascinating, I am thinking of buying a new home and never thought this a problem. I assumed that this test was run by the builder before construction. I guess I should never assume anything. Other posters suggested fixing the problem and my question is how do you "fix" this problem? The OP sounds like being stuck with a "defective house" means it cannot be repaired. Did the engineer tell you this? Also, what kind of foundation do you have? Full basement, concrete slab, crawlspace?
and now trader is a realtor/lawyer expert. You are some EE. In case you havent heard Einstein, bankruptcy doesnt always relieve you 100% anymore. Try something else you dont know. Bubba
Inspector,
There are lots of businesses that do foundation repair. The solution to a problem depends on the problem. From the OP's post it sounds as if his home was built on poorly compacted fill dirt, the house is now compacting the fill dirt, and this is happening unevenly thus causing foundation cracks. So someone needs to dig or push down to good, well compacted, soil and pour some piers under the sagging foundation. Not cheap but the house is repairable unless it was actually built in a swamp or someplace without good soil within a reachable depth..
Dave M.
Thanks for the info
How do you know? Did someone dig down to the footing and test the soil or did you test the backfill next to the foundation? Are you using information from the lots next to you and not your own? Lou
Bubba, is this your new pastime? Follow "If the overall financial situation is so bad you have to file bankruptcy, then that's one way it could be wiped out."
Note the word "could". I never said that bankruptcy will ALWAYS wipe out all of it. But often it still does. For example, if the debtor's income is less than the median in their area, then they can go for liquidation bankruptcy. If not, then it gets more complicated and there is means testing to determine if they will be required to pay back some of the debt over time.
You'll also note that I suggested they contact a lawyer.
And once again, besides baseless attacks, you contributed exactly what that was helpful to the discussion?
They tested the soil right next to my foundation. They went down 6 feet/ nothing but sand and wet clay. After reaching 6 feet the soil impact tester dropped out of site at 2 spots with no resistance. Time to "lawyer up"
They tested the soil right next to my foundation. They went down 6 feet/ nothing but sand and wet clay. After reaching 6 feet the soil impact tester dropped out of site at 2 spots with no resistance. Time to "lawyer up"
What's a builder supposed to do if they want to fix the situation BEFORE building a house?
On Dec 5, 3:42=EF=BF=BDpm, "JoeSpareBedroom" wrote:=
to figure
dig to solid bedrock or pour a large slab several feet thick to distribuite the load....
or dig deep and backfill with proper gravel
some areas arent worth building on because the sub soil is just too poor
e:
e:
ng to figure
I found a county online GIS map that shows the soil type in my neighborhood as "unsuitable for residential development". I also found that the town building inspector was supposed to inspect footing soil before they were poured. This is a monolithic slab on ground. I have seen them pour concrete slabs in the rain, leave 2 x4's outside, roof trusses outside uncovered in the rain and never saw anyone compacting soil.
I found a county online GIS map that shows the soil type in my neighborhood as "unsuitable for residential development". I also found that the town building inspector was supposed to inspect footing soil before they were poured. This is a monolithic slab on ground. I have seen them pour concrete slabs in the rain, leave 2 x4's outside, roof trusses outside uncovered in the rain and never saw anyone compacting soil.
++++++++++++++++++++++++++It's been a few days since this discussion began, so you've had some time to contact a lawyer. What did he/she say about the situation?
recommending class action, neighbors having same issues.
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