Legal Question in Real Estate Law in Utah

Foundation slab is sinking:

My husband and I just purchased a home just before Thanksgiving 2012. We have since moved in and have been making plans to remove the old carpet and have new carpet installed. The family room has this strange lip around the perimeter of the room. We had the home inspected and the home inspector said he didn't know what it was. When my husband paid the home inspector, he specifically asked him if there was any foundation problems that we should be concerned about. Problems that would deter us from purchasing this home. Other than the normal settling he said there wasn't. Well when my husband and I pulled up the carpet (after we moved in) to determine what subflooring we have (we are considering putting down engineered wood flooring ourselves) we noticed that lip I referred to earlier is the concrete slap sinking and pulling away from the walls. This is something that the previous owners did not disclose. The lip is not hard to miss (but due to our limited knowledge we didn't know it had to do with the foundation. We weren't about to rip up carpet in a house that didn't belong to us). We realized the problem after a couple of weeks so I'm positive the owners HAD to have known about it. What are our rights? Do we have a viable case?? And is the home inspector somewhat responsible as well?


Asked on 12/13/12, 10:00 am

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

If the prior owners knew or should have known and did not disclose you have a case against them either for rescission (return all of your money) or for damages. The inspector is probably not liable as they generally only inspect for visible problems, however, if the lip is obvious he had a duty to bring it to your attention. If he did not he may have liability.

You may call for a free consultation.

Read more
Answered on 12/15/12, 10:32 am


Related Questions & Answers

More Real Estate and Real Property questions and answers in Utah