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Buying or Selling a Home/Home buyers rights or protection laws?

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My husband and I just recently bought our first home not even 90 days ago.  This past weekend we had a huge amount of water in our basement.  I called the previous owner to see what he knew about this.  WHen he came over, he immediately (before we even told him) knew what we did.  We were watering our yard!   He said he would have problems with the basement getting soaked when he would water the yard too.  He did NOT put this in the sellers disclosure!   He told us it was a freak accident and that we didnt need to worry about it, just clean it up and go on.   WELL.... the paneling was warped from the wetness, and the carpet got removed in order to dry up the carpet padding, floor etc.   Low and behold... MOLD and some wet insulation.   When the plumber got out here (since we thought it was the water spicket outside located near the inside basement wall)  we found out that it was a crack in the foundation since he removed the insulation and within minutes of running the water spicket outside with the hose running to the ground, we had water coming inside our basement through a big crack in the wall.  Meaning we have a foundation crack.   THIS WAS NOT mentioned in our homebuyers inspection we had purchased either.  The plumber pointed out to me that outside the house there is a crack place that looks like it was painted over and when I started looking I also saw a visible crack outside the foundation wall.   WHAT ARE MY RIGHTS on this?  We have 5 children with the youngest being under 2, my husband is military and I have asthma and since all this mold was "uncovered" by the removal of the paneling, it has got worse.   Please advise us in the right direction.  thank you

Answer
Sounds like you really have a mess on your hands.  I am very sorry to hear about what you are going through.

I would suggest that you seek the advise of a qualified Attorney ASAP and follow his advise.  Start documenting everything (photos, receipts, new inspections, etc...) and follow your lawyers instructions.  Do not make any repairs or change anything without legal council.  Also, document your medical problems as well. (I am not a lawyer - this is my disclaimer).

It sounds like you have some real issues here that should have been made known to you by the seller and possibly by the home Inspector also.

I am just curious, did you choose the home Inspector or did the Realtor?  In the future always choose your own Inspector, after you have done some homework.  Thing are not what they appear, even if the house looks good.

I hope this helps you and good luck.

John McKenna, CMI
American Home Inspection
http://texas-inspection.com

Buying or Selling a Home

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John McKenna, CMI

Expertise

I can answer your question about home inspections and the hidden aspects of of the industry. I own American Home Inspection for east Texas and am a Certified Master Inspector. Sometimes there are questions about buying and selling a home that a qualified and honest home inspector can answer. Many people are led to believe incomplete information about repair items and make costly mistakes when they respond. If you do not know enough information or know what to ask, you can buy a nightmare instead of a home. Is your home inspector working for you or the Realtor? Is the owner of the home telling the truth? How do you make sure the contractor who makes repairs will do it right? Is the Realtor moving too fast and causing a person to make hasty choices? What are some of the things the Realtor does not want you to know? What you discover after you are the owner of the home and then decide to sell? What type of box can the home inspector put you in when the new buyer is now inspecting your home? What can you do if the home inspector was negligent? How do you prepare for a home inspection? What should you do with the home inspection report at the negotiating table? What are the signs of sheeple being led to the slaughter? Why do some realtors hate the "deal killer" home inspector? What type of action can you take now to protect yourself from law suite after someone buys your home? When is something a minor or major problem? What are the most common problems found in a home inspection? What can you do to prepare for a home inspection? What questions can you ask the home inspector so you choose the right one? The list goes on and on... "The truth will make you free"

Experience

Over 25 years experience in construction and board certified as a Certified Master Inspector. Licensed by the Texas Real Estate Commission as a Professional Home Inspector (TREC #4565) and Certified by the National Association of Certified Home Inspectors (NACHI).

Education/Credentials
Certified Master Inspector (CMI) National Association of Certified Home Inspectors (NACHI) Licensed by the Texas Real Estate Commission (TREC #4565)
See more info: http://texas-inspection.com

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