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kindredluver · Dec 3, 2009, 11:00 AM

I Purchased a home in Atlanta, GA May 09. Had a professional inspection done. All went well, but since moving into the home I've discovered after some heavy rain, that seller deliberately Hid a Huge crack running length of basement foundation wall behind sheetrock. This is a big expense, and I need to know if the seller never disclosed this. Is there any legal recourse that I am I allowed? :(

ballengerb1 · Dec 3, 2009, 11:02 AM

You can sue the seller but you will need to be able to prove he did the hiding and not a previous owner. Can you do that? Did both of you use a real estate agent?

kindredluver · Dec 3, 2009, 11:45 AM

I'm not really certain how to prove it since they may have had contractors do the work. At the closing once papers were signed the seller, and his son, more so his son I might add, bragged about how much work they put into the house, and how they had been doing this for almost 20yrs.

The foundational crack is sooo large, and they must have authorized the Sheetrock being put up. What portion of sheetrock I have ripped down looks brand new, and it was painted the same color as the house. Sadly I have no idea how to prove this.

ballengerb1 · Dec 3, 2009, 11:48 AM

Consult a lawyer, this is no cheap problem to fix. That's why the person who hid the issue did the hiding in the first place. My neighbors basement block wall buckeled, the house hade to be raised by a house mover and a new concrete wall poured, $27,000

kindredluver · Dec 3, 2009, 12:21 PM

Thank you kindly for your advice. I will call a lawyer right away!

ballengerb1 · Dec 3, 2009, 12:23 PM

How about that real estate agent question

kindredluver · Dec 3, 2009, 01:36 PM

Originally Posted by ballengerb1

How about that real estate agent question

Sorry this may sound green as ever... : cool:.. what do you mean?

ballengerb1 · Dec 3, 2009, 07:10 PM

From my post #2 "Did both of you use a real estate agent?
" If you used a real estate agent during the purchase they may be some help in this.

Fr_Chuck · Dec 3, 2009, 07:25 PM

They are only responsible to disclouse things they are aware of that has been or could be a problem.

In some defense, Atlanta has had worst flooding in decades, if not a century. Homes that had never flooded or leaded before flooded this last few months.

So if it was behind drywall, how old was the drywall work, was there any signs of leaking before ?

If they never had any water leakage from this crack, they may not have felt it was a issue to disclouse.

So not only will you have to prove they knew about it, but you will also have to prove that it was a issue that they knew caused a problem that they knew of. Merely knowing there was a crack ( may not have been as big before the flood) But now with the flooding it grew bigger plus leaked when it never leaked before.

Not saying you don't have a case, but it is going to be very costly and I could see them having some good defense.
If this crack had been leaking before, there would have been obvous leakage visible on sheetrock

ScottGem · Dec 3, 2009, 07:32 PM

One thing. DO NOT touch the sheetrock any more. Your attorney will want to have an expert check out the situation so they can testify, whether the sheetrock was placed after the crack had formed as well as the danger of the crack,

ballengerb1 · Dec 3, 2009, 07:35 PM

I justv reread your post and it would lead us to conclude you had water infiltration but you never really said so. Did a great deal of water come into the basement via that crack? Is the wall basically flat or is it bowed and buckeled?