-
Welcome to The Building Code Forum
Your premier resource for building code knowledge.
This forum remains free to the public thanks to the generous support of our Sawhorse Members and Corporate Sponsors. Their contributions help keep this community thriving and accessible.
Want enhanced access to expert discussions and exclusive features? Learn more about the benefits here.
Ready to upgrade? Log in and upgrade now.
New homeowner claims foundation issues with a house in my Jurisdiction
- Thread starter CBOGUY
- Start date
TheCommish
SAWHORSE
What is the problem?
jar546
CBO
How old is the home? Was a CO issued when it was built? Did the new buyer hire a home inspector? Were any obvious or known defects disclosed by the seller or seller's agent? Lots of questions.
JCraver
REGISTERED
Yeah, going to need more information to answer the question.
Ultimately though, from the jurisdiction's standpoint, the responsibility for any violations the jurisdiction is aware of rest on the current owner.
If you come to me with a complaint about a violation on the house you just bought, and I see the violation now, I'm going to make YOU fix it - not the guy who sold it to you.
Ultimately though, from the jurisdiction's standpoint, the responsibility for any violations the jurisdiction is aware of rest on the current owner.
If you come to me with a complaint about a violation on the house you just bought, and I see the violation now, I'm going to make YOU fix it - not the guy who sold it to you.
The new buyer could request documents of any inspections or plans if that AHJ keeps house plans, building code does not require the plans to be saved indefinitely unless the laws of the jurisdiction requires it. I often wonder if I should be keeping the inspection reports and plans when there is no requirement, I think my good record keeping could pull me into court cases in the future.
I was told several times, "There is one guarantee, concrete will crack!". I think its pretty much true, we have to try to minimize it.
I was told several times, "There is one guarantee, concrete will crack!". I think its pretty much true, we have to try to minimize it.
my250r11
REGISTERED
These issues are usually going to be civil between the contractor and the owners most likely. The Inspector or Building Official that did the inspections may be subpoenaed to testify in a court case. This should be the only involvement from the AHJ until there is a permit requested for a repair. We can only enforce code and visually verify the plans and construction docs.
My 2 cents … the inspector who approved the original construction is probably the last person who could have seen a problem. Once the house is built … how could an inspector see the fault? Unless a big chunk of the foundation has fallen off. And why would a city building inspector be involved in a resale? Sounds like caveat emptor, and 3 years is a little late, unless it was documented immediately.
ADAguy
REGISTERED
As usual and especially with "flips", buyer be wary!
The home is two years old, the flipper did not get a permit for remolding. The new buyer just got a home inspection that revealed issues with the foundation and the they are going to civil court for damages. How does buy beware aware apply in this situation?
fatboy
Administrator
Not the building departments problem, unless it can be proven it was malfeasance.
1. Should have had the house inspected before buying. 2. Knowing it was a flip, should have asked for proof of permits.
Not getting permits is like going over the speed limit, people do it all the time and get away with it.
My late real-estate man always told me home inspectors are called "deal killers", guess he was right. If the home inspection was performed prior to the sale and the deficiencies were noted, I would think that the buyer could have walked from the contract! I would check with a real-estate attorney to see what options are available.
ADAguy
REGISTERED
Ever heard of "Due Dilligence" and buyer beware? What of realtor ethics?