Legal Question in Real Estate Law in Colorado

Sold house has foundation problem

I bought a house a few years ago and did not have it inspected.

(First mistake) Then I wanted to have an addition put onto the house and

the contractor did not think that the existing foundation would

withstand the digging and compacting of the surrounding soil. We hired a

structural engineer to offer suggestions for reinforcing and repairing

the foundation, but the cost of repair and remodeling became out of our

budget. So, we decided to sell the house and move. We did not disclose

the information about the remodel or the foundation work that we

inquired about to the buyer. I feel that the foundation repairs were

only needed for the remodel, but the engineer told me that they needed

to be done any ways (after it was sold). The new owner knows that there was a structurl report done through the city.He found out about it after he bought it. Am I legally responsible for

the repairs? The new owner did not have an inspection done when he

bought the house, is he somewhat liable? I was thinking of having a

second opinion by another structural engineer, who should pay for that?

Help, --name removed--


Asked on 7/22/00, 4:36 pm

1 Answer from Attorneys
Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Sold house has foundation problem

The general rule of law is that the seller who knows of a hidden defect and fails to inform the buyer is guilty of mispreresentation permitting the buyer to either rescind the contract as having been mistakenly entered into, or recover damages sufficient to repair the defect. There may be other remedies available to the buyer, but the obligation to uncover the defect is not his.

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Answered on 9/12/00, 8:55 am


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