Posted by Bill H on October 26, 2006 at 15:38:52:
Hey Dealmaker:
Who put the burr under your saddle? I re-read my post and all it says it that they “MAY” have a case.
I try to limit my posts to general information as I am not an attorney and do not wish to be one or play one on TV.
Good to know that TX is virtually judgment proof…is that as good as the 100 proof or is it only 80 proof like most brands.
Have a nice day.
Good Luck,
Bill H
Tx - Bought House - Foundation Problems - Posted by Tim
Posted by Tim on October 25, 2006 at 12:37:06:
Bought a house from an elderly husband and wife – house was immaculate. Excellent Price – Did not have a home inspection done by a service - the initial good faith contract indicated no foundation problems. Into our fourth month of living there - we discoverd patch work covering up 17 cracks to be exact and more appearing weekly. We called in a foundation service and they want $15,000.00 to fix this problem that has been in existence for about 2 years. We water all around the house every three days. I called the sellers and they laughed and said I should have gotten an inspection and hung up. Do I have any recourse?
Thank you.
Re: Tx - Bought House - Foundation Problems - Posted by Rich
Posted by Rich on November 04, 2006 at 20:42:46:
You probably did not use a Realtor. Every single one I talked to uses the forms created by the State Board of Realtors, which are some of the most comprehensive documents I have read. These include a sellers disclosure of defects. When I was buying houses in Texas summer before last, I ran across one house that my inspector said had some suspicious cracks that could come from foundation problems. I cancelled the contract.
As far as being judgement proof, you should ask an attorney. People get foreclosed on and moved out of their “homesteaded” dwellings all the time there. People get their wages garnished to pay debts. People get their credit ruined from judgements on their credit reports so they end up paying a lot more to borrow money. An attorney can advise you as to the specifics of your case. Ask one.
Re: Tx - Bought House - Foundation Problems - Posted by dealmaker
Posted by dealmaker on October 25, 2006 at 14:59:01:
Well the laughing was rude, but why didn’t you get an inspection? That’s in the past though, let’s talk about the present. I’ve had several TX houses with foundation problems, some of them I bought that way.
First, get about 4 more estimates for repairing the foundation, my “spread” on price quotes has usually ranged over about 300-400%. Don’t just call the guys with the biggest yellow pages add, those adds cost $15K and up per month and the work they do has to pay for that.
Don’t let anyone talk you into jackhammering the slab, slab repairs are done from underneath, not above.
You may have recourse, but it may not be worth persuing! Let’s say you get an attorney to represent you and conceivably spend as little as $5K to get a judgement (although it will probably be more) against the seller. Most people in TX are “judgement proof”. So all you will have done is p**s away $5K and then you’ll be $20K in the hole.
I’m guessing there was no Realtor involved as in TX they’re usually pretty insistent on buyers getting inspections. Learn your lesson, an inspection probably would have been no more than $400-$500, and should have turned this up.
Sorry;
Dealmaker
Re: Tx - Bought House - Foundation Problems - Posted by Bill H
Posted by Bill H on October 25, 2006 at 14:52:06:
Not an attorney and do not play one on TV. Lots of variables and unknowns here…in general…if the cracks were hidden under the carpet, etc…you might have a case. If they knew of them and deliberately withheld the information…you might have a case.
Exactly what does your contract say? I’d suggest you take it to a good real estate attorney and have him advise you.
Good Luck,
Bill H
Re: Tx - Bought House - Foundation Problems - Posted by James (Ala)
Posted by James (Ala) on October 25, 2006 at 20:24:54:
I say talk to an attorney.
I’m not familiar with Tex. law but here if they intentionally concealed it for the sale, then you’re looking at fraud and that is worth treble damages. Seen it done.
Your big hurdle I would think is going to be to show that a home inspector would not have found the defect (of course, if your home inspector had been as useless as mine, he definitely wouldn’t have found it.)
Most attorneys will give you a free initial consultation where they will evaluate the case–I would do that and see if you can get him to take it on a contingency basis.
James (Ala)
Re: Tx - Bought House - Foundation Problems - Posted by dealmaker
Posted by dealmaker on October 26, 2006 at 07:24:02:
Good comments from James and Bill, interestingly one says he isn’t familiar with TX law and the other doesn’t state any familiarity with it.
TX is not CA or NY or OR, states which IIRC have pretty good consumer protection laws. In TX there is NO obligation to disclose that I am aware of. Even if there was I’m trying to be practical, there’s a $5K limit on small claims and it’s not likely you’d prevail.
Even if you do prevail TX is a homestead protection state and has very strict rules on what can or cannot be taken in settlement of a debt. Homestead, vehicle, family bible, clothes, anything used in preparation or serving of food, anything used to earn an income.
I live in a $300K house, have $90K in cars, all the electronic toys you can name. I guarantee you if you get a judgement against me, you’ll find out that I am JUDGEMENT PROOF.
Feel free to pursue it, just don’t be disappointed when you come up empty.
dealmaker
Sorry, that’s just TX.
Re: Tx - Bought House - Foundation Problems - Posted by Barry
Posted by Barry on October 27, 2006 at 24:14:59:
FYI. Texas does require seller’s disclosure (in most cases) pursuant to section 5.008 of the property code.
Barry