Home Selling in 75252>Question Details

Susan Kirby, Home Seller in 75252

We are due to close on the sale of our house any day and we have found a crack in the floor

Asked by Susan Kirby, 75252 Tue Oct 20, 2009

We are due to close on the sale of our house in the next few days. inspection and appraisal has been completed and we are just waiting for the underwriter to approve our buyers mortgage. Our problem is that when moving the rug in the lounge we have found what appears to be a large crack in the floor. it is about 2 foot long by about 3 inch wide (you can get your foot in it) It can be felt through the carpet. What should we do?

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Answers

15
Disclose, disclose, disclose. That's always the rule. A challenge now can turn into a real problem later if not confronted openly. And when you do, make sure you actually change the sellers disclosure notice and have the buyers sign off on the change. I'm sure your agent will tell you the same thing. I would then let the buyers provide their ideas for a solution and go from there.
Best of luck
Helen
2 votes Thank Flag Link Tue Oct 20, 2009
Contact your Real Estate Agent right away and disclose in writing what you just discover on the floor. Buyer will have to contact the Inpector and take from there. Normally the Inspector will recomend a professional to take care of the problem and probably your home owners insurance will pay for that. Either way you still need to take care of the problem inmediately.

Best of Luck,

Maria Cipollone

http://www.Flahomespecialist.com
1 vote Thank Flag Link Wed Sep 12, 2012
You must inform all parties and collectively decide how to remedy.
1 vote Thank Flag Link Tue Oct 20, 2009
Susan,
First of all, things happen when selling a home. You seem that you are surprised at what you found and your concern seems to be honest and caring. As some of the realtors have already indicated, you need to inform your realtor. The crack sounds like it is large and I am surprised that an inspector did not or if you haven't received information about the inspection, pointed this out. I can't really judge what caused this issue but when it come to foundation, especially in North Texas, foundations are subject to movement at some time or the other. So my recommendation is to get a foundation engineer to look at this issue. Most of the time inspectors will pick up these problems when they do there inspections, however, if it was missed then you need to let your agent know. As they say "honesty" is the best policy. It may also keep you from legal issues in the future. As a realtor we are not able to give you legal advice so please let your realtor know about this issue before there is any additional problems with this issue.

Susan, it sounds that you are generally concerned about this issue. I always point out to my sellers, how would you feel if you were buying a home and someone didn't inform you of an issue? You probably wouldn't be very happy would you? I think not.

Realtors are here to assist you with issues like these, so allow them to assist you with them. We see things everyday that most people don't and so we have a unique ability to use our knowledge to assist you through difficult issues. Thank you so much for allowing the realtor community to assist you.

Roxanne
1 vote Thank Flag Link Tue Oct 20, 2009
Susan,

It would surprise me if the appraiser had not noticed it and covered it with your buyers already. Not knowing where it is and not being able to see it, it's impossible to tell if it's just cosmetic or a foundation issue. Did you disclose it in your seller's disclosure form? I would imagine not if you've just found it. You will meet with greater success in the transaction if you are upfront about everything. Have you ever had problems with settling? Do you water your foundation? The last thing you want is for it to surface later and there be potential litigation over the issue. Have you spoken to your Realtor about the issue? What are they recommending to you?

Thanks,
Terri Hayley
Top 5% of Realtors
1 vote Thank Flag Link Tue Oct 20, 2009
HI Susan
You only really have one option.......it's called disclosure.

You need to bring this to the attention of your agent....and the buyers. If you have an attorney handling the closing, certainly, call him right away, too.

This crack will be noticed during the final walk-through when the house is vacant, so you might as well get it out in the open now, and deal with it.
Call in an inspector (either the one who did the original inspection, or a new one... or a contractor. You need a diagnosis to see if it's serious or not, and what is involved in repairing this.
You might find this simply is cosmetic, and needs a handyman or mason called in.
If it's more than that, you will have to deal with it one way or the other. I know you must be concerned by this, but remember, all problems have solutions. You'll find a solution to this, too.

Speak to your attorney, and seek his advice as to how to procceed.

Best wishes
Debbie Rose
Prudential NJ Properties
1 vote Thank Flag Link Tue Oct 20, 2009
The right thing to do is definitely disclose it. If you do not you stand the chance of problems further down the road. If their inspector didnt find any major signs of foundation problems then it is very possible to that it could be a superficial crack.

Either way you do not have to offer to pay for an engineers report or anything like that. If the buyers want to do that themselves they can. At this point, being that you are outside of option periods, they would have to be able to show that the repairs would be more than 5% of the sales price in order to void the contract and still get their em back.

Obviously if you have a listing agent you should inform them. If they try to push you towards not disclosing it be very weary.
Web Reference: http://www.findapadfast.com
1 vote Thank Flag Link Tue Oct 20, 2009
This is a very old question but is still relevant... Disclose, Disclose, Disclose.

As a seller you need to be very up front with the buyer about any relevant issues that are known about the property. Once you know about a problem you need to disclose what you have found.

If you have any other questions, feel free to contact me at any of the links below,

Scott Johnson
FireBoss Realty
469-269-0911

http://www.FireBossRealty.com
http://www.NortheastDFWHomes.com - Property Search Site
http://www.FireBossRealtyAroundTown.com - Blog
http://www.northeastdfwhomes.com/cp/mobile-app/ - FREE Mobile App
0 votes Thank Flag Link Tue Aug 19, 2014
Oh my goodness! Well, honesty is the best policy, so you must disclose this discovery to the buyers. Perhaps you can work together to split the costs of repairing that? Try to get the two Realtors together too to negotiate something so the sale is not lost.
0 votes Thank Flag Link Fri Aug 8, 2014
Any cracks larger than an inch should be examined by an expert very careful. Normally shrinkage cracks aren't normally that wide.
0 votes Thank Flag Link Wed Sep 12, 2012
Have the foundation evaluated by a foundation specialist. They will determine the severity of the problem and give you information you can use to discuss this issue with the seller and negotiate a repair.
0 votes Thank Flag Link Wed Sep 12, 2012
After disclosing (or simultaneously)

Have a contractor look at it, get an estimate to repair.
The easiest thing might be to offer an allowance to have the repair completed to the buyer's satisfaction, keep the money in escrow, then pay the contractor after the home sells. Letting the buyer's be responsible (you are just paying for the work), might give them a sense of ownership and responsibility, whereas if you have it done and then it sells, and later additional problems come up, you might have a tough time resolving the issues.
0 votes Thank Flag Link Wed Oct 21, 2009
Keith Sorem, Real Estate Pro in Glendale, CA
MVP'08
Contact
Contact a contractor and determine what is cause of problem. When you move carpet, concrete will have some cracks BUT WOW that wide.

Listing agent notify therefore they can determine best approach on how handle situation.

Unconfirmed if foundation issue never mentioned about cracks in walls and etc. would show up inspection and appraisal.

National Featured Realtor and Consultant, Texas Mortgage Loan Officer, Credit Repair Lecturer
Follow me on Twitter: http://twitter.com/Lynn911
Lynn911

http://www.lynn911.com
0 votes Thank Flag Link Tue Oct 20, 2009
It would likely be considered an issue that materially affects the value of your home and should be disclosed to the buyer / buyer's agent in writing.
Web Reference: http://www.phgbrokers.com
0 votes Thank Flag Link Tue Oct 20, 2009
Hi Susan,
why did the inspection not bring up this problem? Is it a construction on a slab, a crawl space... ?
There are so many questions that need be answered when did you get into the home to see the problem...

Contact the inspector, he may come back and double check on your behalf~!
Then Contact your attorney, and your buyers agent, as I am sure you will have a contract
indicated walk thru before the final closing. If during final walk thru you detect a major problem it
can be discussed with the attorneys and sellers at the closing, but you definitely want to make sure
before the closing that there is not a structural major problem.

Good Luck to you...
Edith Karoline YourRealtor4Life
Working always in the very BEST interest of her clients!
EdithSellsHomes@gmail.com
0 votes Thank Flag Link Tue Oct 20, 2009
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