Home Buying in Plano>Question Details

txwchen, Home Buyer in Plano, TX

Can I walk away from the builder? The new house foundation had a very long crack from side to side.

Asked by txwchen, Plano, TX Thu Aug 15, 2013

Signed the contract around May this year. After the foundation was poured in July, we found that there is a hairline crack goes across the foundation side to side. And from outside, the crack is still visible. We are very concerned about the foundation. Can we termination the contact and still get some earnest money back?

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Answers

11
I would recommend hiring a home inspector to conduct an initial inspection to see what their recommendations are.
0 votes Thank Flag Link Fri Sep 6, 2013
Thanks so much for the precious information and suggestion.

Asked a structure engineer to evaluate foundation, and he said that it should be fine since the crack line is small and across the whole foundation. He also found another crack across the house all way from north to south.

Even though the reports says OK, I will very concern about the house, and do not want to buy it anymore.

My agent said that since report says fine. It is OK to keep it.

Any suggestion?
0 votes Thank Flag Link Sat Aug 24, 2013
Dear TXwchen

I recommend you order and Structural engineer to go and inspect
and if they find any ISSUE WITH HOUSE

then you can walk away without any loss


if you need help let me know

John Hamidi
Keller Williams Realty
3600 preston Rd ste 100 Plano TX 75093 http://www.johnhamidi.kwrealty.com
Email: johnhamidi@gmail.com
Bus: 469-252-4661
0 votes Thank Flag Link Sun Aug 18, 2013
You need to talk with your Realtor and if you didn't have a Realtor involved for your side then contact a Real Estate Attorney. Builders contracts are strong and almost unbreakable.
0 votes Thank Flag Link Fri Aug 16, 2013
I would consult an attorney but I think the builder would be happy to refund your money. Most builders do not want the bad press associated with this type of transaction.

Several ways to fix it but for resale you have to report that you have had your slab repaired which scares a large percentage of the market to death.
0 votes Thank Flag Link Fri Aug 16, 2013
Consult the contact and your Realtor. Remember the sales reps working for the builder has one job and that is to get you to buy the home and pay as much money for it as possible. Your Realtor should be our source of information and you need to review the contracts and approach the builder with your concerns. Maybe what you are seeing is common. Maybe you should be able to pick an independent third party foundation specialist to look at the crack now to see if that puts you at ease.

New homes have a 10 year warranty when it comes to foundation issues but I would also want answers to your questions and would have concern. Again, this is just one other reason you should always have a Realtor on your side when you buy a new home from a builder. If you do not you are the only player on your team who really has your best interests in mind.

Hope this helps.

_____________________________________________________
Don Groff | REALTOR® & Mortgage Broker
Austin Real Estate Pros & 360 Lending Group
o 512.669.5599 | m 512.633.4157 | listings@dongroff.com
websites: http://www.AustinListed.com | http://www.360LendingGroup.com
Web Reference: http://www.AustinListed.com
0 votes Thank Flag Link Fri Aug 16, 2013
Whether you can walk away and get your earnest money back will all depend on the contract that you signed. What did your realtor say? She/he should be the first person that you go to with your concern and should be the person on your side when negotiating and discussing with the builder. If you are not represented then you are on your own.

For now my suggestion is to read your contract thoroughly, discuss your concern with the builder, inspect the foundation by hiring a foundation company. Depending upon how everything goes or the outcome you may want to hire an attorney to let you break your contract.

Good luck!
Susie Kay, Realtor®
GRI, CHMS, SFR
Residential/Commercial/Investment
English-Indonesian-Hokkien
------------------------------------------------------------------
United Real Estate
III Lincoln Centre, 5430 LBJ Freeway #280
Dallas, TX 78240
469-371-2899
susie_k@att.net

http://www.dfwdreamhomes.net

Servicing your real estate need is my priority!
0 votes Thank Flag Link Fri Aug 16, 2013
Hi txwchen,

You need to go back to look at the contract you sign.

I would highly suggest have a foundation company to come out prior to make any final decision. Perhaps the building will do the right thing after seeing the foundation report and make a deal with you guys

Dixon
Realtor
http://www.findyourtexashome.com
0 votes Thank Flag Link Fri Aug 16, 2013
Dear TXwchen

we as Realtor always recommend Inspection for New and old houses

even though some of our buyers question why inspection for New home!!!

and I say for this reason and many others that you have not seen

So I recommend you order and Structural engineer to go and inspect
and if they find any ISSUE WITH HOUSE
then you can walk away without any loss

and never sign a Contract without having a REALTOR ON YOUR SIDE

John Hamidi
Keller Williams Realty
3600 preston Rd ste 100 Plano TX 75093
http://www.johnhamidi.kwrealty.com
Email: johnhamidi@gmail.com
Bus: 469-252-4661
0 votes Thank Flag Link Fri Aug 16, 2013
Cement dries, shrinks, and cracks, but I would still hire a structural engineer to take a look before proceeding. If there is a structural problem, you should definitely terminate the contract and fight for your earnest money.
0 votes Thank Flag Link Fri Aug 16, 2013
Surface cracks in a foundation are common. They form as the concrete dries but are not structural.. However, they usually don't go all the way across a slab or go down the side of the foundation into the perimeter beam.

What the builder will do depends on the builder. If there is a crack that goes all the way through the slab, you should have a good case for terminating the contract. If the builder resist, hire a structural engineer to verify the extent of the crack.

If you are working with a Realtor, they should be using their leverage with the builder. If the engineer determines that there is a structural defect and the builder does not cooperate, you should probably consult an attorney.
0 votes Thank Flag Link Thu Aug 15, 2013
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