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Rich
Rich , Home Improvement Enthusiast
Category: Home Improvement
Satisfied Customers: 1801
Experience:  Over 35 years construction and home maintenance experience
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I have a couple of questions related to sellers disclosure

Resolved Question:

I have a couple of questions related to sellers disclosure in selling my house.

1. In regards XXXXX XXXXX structure what is the difference between settling and soil movement. We have minor concrete cracks in the surface of our slab. We had a structural engineer survey to see if there was foundation damage. none was found and they reported that the cracks were normal for a slab. We have been in the house for 28 years and there have been minor hairline cracks in the walls which we repaired. They particularly show up during drought conditions. So is this normal for a slab foundation? Is it settling or soil movement or some other term. Yhe sellers disclosure specifically ask these two questions.
Submitted: 3 years ago.
Category: Home Improvement
Expert:  Rich replied 3 years ago.

Rich :

Hello .. Rich here .. do you have a copy of the engineers report ?

Customer:

It was done a number of years ago. I have a drawing of the house footprint with elevations all around the perimeter.

Customer:

Foundation elevaltions going clockwise beginning at north east corner. Elevations are at all corners.

Customer:

0"Ref (NE corner), -1/2",-7/8",-3/4",-3/4"(SE Corner),+1/8",+ 3/4 (SW corner), +1 1/4", -1/4", +1/8", -1/4",-1/8"(NW corner), +5/8", -1/4",back to 0" Ref NE corner

Rich :

In all situations that I have experience with, the seller is required to disclose what they know that might influence the value of the property. The elements of this are, that if you, the seller know something about the house that would bear on the value , you must tell the buyer.

Rich :

Seems from what you are saying is that you know there are cracks and possible settling. You have an engineers report and a drawing with the corners elevations. You should share this with the buyer. If that is all you know about it , then that is what the disclosure clause is all about.

Rich :

On the form I think I would call it settling and then note that a copy of the report was attached ... and let the buyer come to their own opinion ... using the same information that you have.

Customer: Thanks,
Customer: I just wanted to make sure which word to use, Is it true that all slab foundations have cracks? In other words os this normal? that is what the engineer said. The reason for us getting an engineer is that our builders warranty was about to expire. This was our first home in Texas and therefore first home built on a slab. we noticed cracks in the slab when we replaced the carpet and were a little alarmed. Since the house was under warranty we called and placed a claim. They ordered the structural engineering report and they said there was nothing to be concerned about, the slab elevations were in normal range and basically we waisted everyone's time - since this was typical for a slab foundation.
Rich :

a lot of areas are subject to cracking foundations .. All the slabs in Las Vegas have cracks , at least the the older ones .. in some areas it is normal for foundations and slabs to settle some over the years .. some areas settle quicker because of more active ground forces. you did the right thing to protect your interest in the new building .. you got the engineers report

Rich :

now as for the seller disclosing the things that they know that may influence the value of the property, I do not think it matters what you initially call it ,, settlement would be a more encompassing term. and as long as you tell what you are aware of there should be no problem with the sale. In this case I would attach a copy of the engineers report and the diagram of the elevations .. that is the info you have and let them have it ..

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