Last week, I was out at an inspection at a older home here in South Charlotte. Here in the Charlotte area, it's rare to find newer homes with basements however its common to find them in older homes. This home was built in the mid 60's and had held up well over time.
During our initial inspection, the engineer was trying to figure out why one exterior wall of the house was bowing in a U shape along the driveway. It may have been the result of someone backing into the house or a sign of something far more serious. Down in the basement, the tell-tale signs of a bowing foundation wall were not present. The interior wall, though covered with old paneling was a straight as a board. If problems would have been evident, some portion of the paneling would have been broken or bowed near the spot where the issue had occurred.
One of the contractors with us noticed that a small hole existed in the paneling near one of the corners. He proceeded to find something he would use as a measuring rod to see how far the hole goes back and it was a shock to us all. The rod plunged a little more than 24"! We consulted with the owner of the property and he allowed us to remove the paneling to see what was behind the wall.
Once removed, we discovered that a previous owner had created a false wall to hide the bowed foundation wall in the basement. At some point, they hired a contractor who simply braced the wall with 2x4's anchored to a pressure-treated piece of wood in the foundation. This is not the recommended repair for this type of problem.
Later that day, we were able to meet with a few foundation repair specialists to go over the findings. Once the purchase makes it through closing, my clients will first undertake ensuring that home will be around for another 50 years.
There were a few lessons learned from this experience. First, when in doubt, measure it out. It's always a good idea to measure a house both inside and outside in order to discover any hidden dangers. On this property, one of the inspectors did so and signaled that something may be a problem. These issues are less common in newer homes but in one with multiple owners or extensive remodeling, you may discover that corners were cut in order to save a few dollars.
Second, if you don't catch it at first, don't worry. I would say that most sellers would not have been so gracious as to allow my clients to remove a section of paneling in the basement. We're immensely grateful because my clients were able to discover a problem not even the current owner was aware of. However, in a situation where a cover up is obvious, serious, and should have been disclosed, a remedy is only a lawsuit away. Consult with an attorney as soon as possible as well as your agent and the other agent. Every state is different but the states in which I've worked have always placed the burden on the seller to disclose everything. Failure to do so is serious and can result in a hefty judgment against the seller and even fines for the listing agent.
Finally is to have a heart-to-heart with my sellers. Unfortunately, cases like this one happen all too often and its as a result of the seller, either unintentionally or intentionally, covering up a serious issue. While closing does constitute acceptance of the home, it does not end the sellers obligation to disclose latent defects. I could think of only a few worse things than a lawsuit filed by the buyer against me and my client months or years after closing and the problems that could cause.
In real estate, one thing's for sure: there's something new every day.
Jonathan Osman
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