Best of luck
Best of Luck,
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.
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?
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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.
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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.
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,
http://www.NortheastDFWHomes.com - Property Search Site
http://www.FireBossRealtyAroundTown.com - Blog
http://www.northeastdfwhomes.com/cp/mobile-app/ - FREE Mobile App
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.
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.
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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!