Hello,
We have been having problems with walls and windows cracking for 4 years now (since we built the house). The builder have recently fixed all walls, replaced the window, and it is all coming back now...They say there is nothing wrong, "its normal movement".
Well, we are moving abroad and need to sell the house. We won't be able to sell the house for what we paid after having all these problems, and I see as the builder's problem.
Is it possible to get the builder to buy it back?? Can we get a lawyer at least to try to get part of the money back, since we will
have to drop the price considerably? Do you know a lawyer you could refer?
For the amount of shifting required to break a window you would have to have severe foundation cracks.
I would start with getting an inspector out there to tell you if it is normal. If it is normal there is no reason to discount the house for it since every house would be the same. If it is not normal the inspector can tell you what is wrong and give you what you need to go after the builder.
You need to get an evaluation by a structural engineer. Don't use someone from a foundation repair company. Before we sold our home, we got an inspection by a structural engineer and were given a copy of the report to give the buyers. He will make recommendations as to whether it is in the normal range for the area and some things you may be able to do. Shifting is part of home ownership in Texas.
Ask another person to look at the foundation. Preferably someone willing to say so in court!
some cracking and settling in a new home is normal. You could always ask a lawyer. Some houses near mine were built on permafrost and sank almost 3 feet. It still took them over 2 years of fighting in court before the builder had to take the houses back.. Just food for thought.
Unfortunately there is not much you can do in the short term. We have had much more serious problems than that with our house. We have been here almost 13 years and are still trying to fix things. As you saw, having the builder make repairs is usually substandard. We had have to resort to paying for many repairs just to make sure it is done properly. That is why we need legislation in TX to correct this problem.
The foundation should have a structure warranty for 10 years and they will fix the foundation, etc... if there is a problem. My cousin did this then sold the house with a disclosure.
In four years I do imagine there is going to be some show of the foundation moving but I would not think it would be this much. Make sure you have the appraiser (or other person who is a professional at this particular issue) note this and see if they think it is normal. If not they are professionals and their words hold credibility. If they say it's normal then there isn't anything you can do...
If you are in a planned subdivision soil samples and extensive dirt work 'should' have done before the first slab was poured. If the soil is the problem, the best foundation and all the repairs in the world won't fix it. Try to get in touch with the developer and find out what preparations were made. Good Luck
