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LawTalk, Attorney
Category: Real Estate Law
Satisfied Customers: 37639
Experience:  I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
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I bought a house in 2007 and I knew about foundation issues

Customer Question

I bought a house in 2007 and I knew about foundation issues with homes in this neighborhood so I asked to see on the contract where it had been resolved and it said to have known foundation issues and that it has been fixed with a lifetime transferable warranty. After a year of living here I called to have the foundation televised and the company stated they only did the garage that they told the home owner the whole house needed repair and the home owner told them to just do the garage and he covered up all the evidence of house being in level. So I contacted the previous homeowner and explained the situation and let him know that I would sue him if this wasn't resolved. I explained that who ever he chose since he didn't want to use any of my quotes that I received that they will need to provide a lifetime warranty as it stated in the contract. Come to find out he used a friend of his and we haven't been able to get in contact with him or the homeowner. I would like to know what if any options I have to make him make this right legally
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  LawTalk replied 2 years ago.
Good afternoon,I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. The statement that the foundation issues had been repaired and had a lifetime warranty was a clear misrepresentation of the fact, constituted arguable fraud and a failure to disclose, subjecting the seller to a lawsuit for Breach of Contract as well as Fraud. While Texas has a 4 years statute of limitation for fraud cases, there is also a discovery rule which should apply hear giving you 4 years from the time you discovered, or reasonably should have discovered, the fraud. You appear to have a meritorious case against the seller of the property and you should be able to recover damages as well as court costs and possibly your attorney fees as well based on the fraud. You may reply back to me using the Reply link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.Please remember to rate my service to you so that I can be compensated for helping you.I wish you and yours the best in 2015,Doug

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