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Expert Q Ren Molnar Q&A Archive
Top > Miscellaneous > Legal

Question:

My husband & I recently bought a home that was built in 1997. About two months after moving in we found a puddle ( about 8 gallons of water) on one side of the partially finished bsmt. Upon pulling the gyproc and insulation off that one wall we found that the water was coming in from the corner of the left front of the foundation. We also noticed water coming up through cracks in the slab and under the framed & gyproced walls.Also our sewer drain in the bsmt has always ran nonstop. Upon doing some digging with the city's files we have found that 1) the home never passed final inspection, nor did it ever get a occupancy certificate, 2) the home is in the middle of a slippage area, 3) the home was never built with waterproofing and is in the watertable, and 4)the city states that the home was built on a sand bedding with loads of ground water as this area used to be a gully that someone has filled in. Obviously, we have non-disclosure issues with both the city, exhomeowners & the realator, but in the mean time, the bsmt is getting new cracks ( one that formed last week and within a day was more than 8feet long and wet)in the slab, the couple of cracks that were here to begin with are now exagerated and wet to the point of being wider and looking like fresh concrete & white residue and mold are beginning to show. No drain tile was ever installed, only a perimeter drain and a rock pit. Can this home be saved without spending more than we mortgaged, or should we leave and find another home. We are going to be in a legal battle, but in the meantime need some advice as to steps to take with preventing further damage to the foundation and slab.. Can the home be fixed without having to Jack this house up, which is 3 floors and 3800 sq ft--so costly!?

Answer:

I'm afraid even jacking it won't do much to help you in the long run because the structure is not sitting on a stable footing. Your local buiding authority will have to determine why the rock pit was permitted so your lawyer will want a certified record of the various inspections that needed to be done at various stages of construction. Your legal battle may end with a full refund. One way or the other, you should plan on moving.

Remember, even if you don’t do your own work around the house have to hire someone, you put yourself at a great advantage when you can intelligently discuss a project with the various trades people.

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Answered By: Ren Molnar

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