1, Did the repairs happen while the current seller owned the property?
2. How do the repair issues currently affect the property today?
The list goes on. The best advice I can give you with the information you have given is to contact your REALTOR(R) that you worked with to purchase the property and discuss the issues with him/her and any resolutions that would be appropriate. They also have their broker as a resource and the broker has additional resources if they do not have an answer at hand. Start with your agent to get your answers as they are closest to the transaction.
Jeff Daley, PhD
Licensed REALTOR(R) State of Arizona
The buyer has the burden of proof to show the seller had actual knowledge that the defect was material, and if repairs were attempted, that the seller knew the repairs were deficient.
Or if there was no actual knowledge, that under the circumstances any reasonable seller would know the defect was material, and if repairs were attempted, that the seller should have known the repairs were deficient.
Since most sellers aren't foundation specialists, and these problems are usually concealed by floor coverings, proving the above can be difficult. Being able to prove actual knowledge is often the key.
I can refer you to a attorney who does real estate litigation if you wish to pursue this further. Let me know.
"foundation issues".............are you referring to the concrete slab .....or are you talking about the stem walls under the slab? Most new home buyers (and you may be the same even though your house is not new) think the cracks in the slab concrete are the end of the world. It's not the end of the world unless their really big and very possibly (unless the previous owners changed or added to the foundation foot print) the seller didn't know either. I know your issue are the repairs on a resale home, but whether or not the overall integrity of the concrete was downgraded due to the repairs will also be an issue. Do the repairs just look bad or did they cause a structual situation which will cause you financial harm to remidy or make structually whole?.
In any case you're going to need to start your process with the professionals below. You may think they were "poorly repaired and hidden" but that's your opinion only
1. an Attorney
2. Structual Engineer versed in concrete issues
Get set to pay big $$$
By the way why didn't your home inspector notice the problem? If the slab portion in question is new or was altered/poured during the former owners ownership he (inspector) should have checked it out to see if it was up to code or pulled the carpet back and looked.....If the slab was altered/poured prior to the last ownership ..........well you see where I'm going with this.
Real Estate Professional / Prestige Realty
Bianca Bennett / 602-570-7898
Best of luck! I hope it works out for you!
The question is whether the seller had prior knowledge of any such defects. Proving prior knowledge could be difficult and expensive to litigate. Was the property inspected by a licensed expert? Were there any indications in the structural integrity that were visibly evident during the due diligence period? Check to see if you have a home warranty and/or if your homeowners insurance will cover the repairs.
Hope you are able to resolve this issue quickly and without too much expense.
Keller Williams Professional Partners
I am a real estate attorney and the designated broker of SimplySOLD. The issue appears to be that the seller may have failed to disclose. Although the SPDS is typically the vehicle for that, the obligation is that the seller disclose in writing any known material defects. So the issue is not the SPDS per se but: did the seller have actual knowledge of the defects (assuming they are material)? Your remedies depend on whether the transaction has closed or not. If closed, typically a demand would be made by way of a letter in the hope that the matter could be resolved cooperatively. If not, mediation, arbitration or litigation is the next step.
Many of the questions on the SPDS begin with the phrase "Are you aware...". By checking the "no" box on these questions, the seller is not saying that these problems don't exist, but merely that the seller is not aware of them. So, it's not just a matter of whether there are foundational issues, it's a matter of whether the seller knew of them. (Sellers often use this little caveat to avoid answering or researching rthe information on the SPDS.) I assume that your home inspection also did not turn up this information, or you would have been able to cancel the deal during the home inspection period.
Realtor & Branch Manager
HomeSmart Real Estate
Banks require a BUYER's Agent, so that they are adequately represented.
We have many ADVISORIES in the folder when we sell a house.
We have safeguards for MOLD, RADON, TERMITES, NATURE HAZARDS, FLOOD ZONES, LIENS, INTEREST RATES, TENANT'S RIGHTS, TAXES, and a lot more.
If the Buyer declines to get INSPECTIONS; we require them to sign a document that they were advised to do so, and refused.
We strongly recommend that CONTINGENCIES be included in an Offer, for the Buyer's protection.
All these things reinforce the reasons for using a Realtor and Listening to them.
If a Buyer refuses to use a Realtor, or, refuses their recommendations, they are asking for a world of hurt.
Is that what you've run into?
You have a legal issue more than likely where consultation with a real estate attorney can help. You can still address it with the parties involved in the sale as well should they consider a remedy and because communication is important. As a Realtor is want to know if it was me however I am not qualified to concretely answer the full scope of this question. The 'how' is through communication and representation.
Best if luck