Home Buying in 97068>Question Details

Wescoast, Home Buyer in Rockey Pointe, Frede...

Incorrect foundation on deck, causing it to lean - house passed inspection six months ago, with no issues on deck. Any recourse?

Asked by Wescoast, Rockey Pointe, Frederick, MD Wed Jun 1, 2011

I bought a house six months ago and had it inspected prior to purchase. The homeowner had built a deck and retaining walls on a slope, which I was assured by the inspector was "well built" and "would not move." He also stated it had "more support than required." Now, the deck is leaning, and I had it looked at by a contractor and structural engineer. The engineer has stated - in writing - that the deck has multiple deficiencies and is not up to code. The main problem is that the foundation was not done correctly; it had concrete block supports sitting on fill soil, and should have had concrete poured to the solid soil. The homeowner also failed to put drainage behind the retaining wall, adding to the problems.
The foundation of the deck is clearly visible -- I know the inspector could see this, and the contractor & engineer identified the problem immediately. Any recourse?

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3
If you are looking for recourse to the Home Inspector, review the contract you signed at the time of the Inspection. The state requires certain procedures if something was not addressed and how you move forward with the Inspector.
0 votes Thank Flag Link Mon May 12, 2014
A home warranty usually will not cover that top of work. You would have to speak to an attorney and see what your state allows based on paperwork from sale of the home and disclosures. Sorry there is no real simple answer to this.
0 votes Thank Flag Link Thu Apr 10, 2014
Did you purchase a home warranty? If you did, it might cover it depending on the type of warranty purchased. If you don't have a home warranty the best advice is to contact a lawyer who is knowledgeable about real estate.
0 votes Thank Flag Link Thu Apr 10, 2014
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