Legal Question in Real Estate Law in New Jersey

My walls are cracking

I purchased this townhouse 10 years ago. A little over a year ago I started getting cracks down my walls The cracks are in the corners of both my living room and dining room walls. I spoke the management company that deals with my association and they tell me their insurance company would not take care of it. When I spoke to mine, they told me they were not responsible either. It seems as though the house is not level any longer and that is why I am getting these large cracks. I can understand settling, but that is usually within the first 5 years of a home, mine is 20 years old. My insurance carrier told me that they only insure the inside of the home and they believe it is stuctural. Is the problem mine alone or can it be passed onto one or both of these insurance carriers?


Asked on 7/10/00, 4:53 pm

2 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: My walls are cracking

Since the house is 20 years old, it appears that any homeowners warranty has expired, if it was assigned to you when you purchased the property. If the problem is structural, your homeowners policy will probably not cover the problem either. Have other neighbors had similar problems? If so, it may be an original contruction problem that effects the area. You may have recourse against the builder. If it only effects your home, there may be a problem getting it fixed from the association insurer. You do not indicate where you live. Do you live near water? There was a similar problem in Secaucus (Harmon Cove), that was found to have been created by faulty landfill and pilings and sued and recovered from the developer.The problem at Harmon Cove covered an entire section of property, not an individual unit. If there was faulty construction and other units are involved, you have the right of a class action against the developer. In such instance, the Association should get involved.

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Answered on 9/08/00, 11:53 am
Miriam Jacobson Retired from practice of law

Re: My walls are cracking

The age of the house makes recovery against a previous owner or the builder difficult, if not impossible, unless you can prove that the house was improperly built and that those facts were concealed.

You did not mention what kind of association governs your house. In many planned communities, the association is responsible for major maintenance and repairs. This would be covered in your association documents and any declarations or covenants that were filed/recorded by the developer. Check your title insurance policy to see if such documents are listed.

If you and others in your development have similar problems, and the association is responsible for such matters, the association should engage an engineer to study the problem and make recommendations for its correction. The association would then engage contractors to do the necessary work, and the cost would be shared among the owners through a special assessment.

You may want to consult a real estate lawyer for a review of your association documents to determine your rights.

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Answered on 9/08/00, 4:37 pm


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