My question involves a consumer law issue in the State of: Ohio
My apologies if this is in the wrong subforum - please move if necessary.
My wife and I bought our first house about a year and a half ago in 2015, and I am noticing some problems with the structural integrity of the foundation (I'll explain in more detail below). When we were touring the house that we ended up buying, one of the basement walls was very slightly bowing but had been reinforced with carbon fibers. Our realtor enthusiastically proclaimed that it had been done professionally and there was nothing to worry about, so we didn't (now I see stupidly). Even when the inspector came to our house, he did not say anything about them, however, now that I am seeing other problems, I've found buried in the report he gave us that we should ask the seller about whether the fibers are covered under a warranty.
Now fast forward to today. Where the adjoining wall attaches to the wall that was reinforced, there is now some slight bowing and horizontal and stair-step cracking (strong signs that the wall is failing). Unsurprisingly, I start doing my research on what needs to be done and how much it's going to cost (potentially in excess of $10,000). Now that I've been doing my research on this, I've discovered that a structural engineer should really have been consulted when we saw that the other wall had been reinforced - especially since it was probably not possible to find out if there was any warranty on the work done. What I've found out is that structural issues like this tend to be a holistic thing that affect the entire foundation, even if you are only initially seeing the effects on one wall/spot (and now that I know what to look for, I am seeing signs elsewhere in the house that there may be structural problems to the whole foundation) Now that I am looking at our contract, disclosures, etc. from when we bought the house, I see that the seller disclosed that the foundation walls had not moved in the 5 years prior to the selling date and she had only been living there for 3 years prior.
So, my question is, after we consult with a structural engineer, and he gives the likely bad news, are there likely any grounds for suing our realtor for both giving "expert" advice that she did not have and for not suggesting that we consult with a structural engineer? The inspector, too, maybe, since he did not say anything about a structural engineer either even in his written report.
Thank you for any help you can give.
My apologies if this is in the wrong subforum - please move if necessary.
My wife and I bought our first house about a year and a half ago in 2015, and I am noticing some problems with the structural integrity of the foundation (I'll explain in more detail below). When we were touring the house that we ended up buying, one of the basement walls was very slightly bowing but had been reinforced with carbon fibers. Our realtor enthusiastically proclaimed that it had been done professionally and there was nothing to worry about, so we didn't (now I see stupidly). Even when the inspector came to our house, he did not say anything about them, however, now that I am seeing other problems, I've found buried in the report he gave us that we should ask the seller about whether the fibers are covered under a warranty.
Now fast forward to today. Where the adjoining wall attaches to the wall that was reinforced, there is now some slight bowing and horizontal and stair-step cracking (strong signs that the wall is failing). Unsurprisingly, I start doing my research on what needs to be done and how much it's going to cost (potentially in excess of $10,000). Now that I've been doing my research on this, I've discovered that a structural engineer should really have been consulted when we saw that the other wall had been reinforced - especially since it was probably not possible to find out if there was any warranty on the work done. What I've found out is that structural issues like this tend to be a holistic thing that affect the entire foundation, even if you are only initially seeing the effects on one wall/spot (and now that I know what to look for, I am seeing signs elsewhere in the house that there may be structural problems to the whole foundation) Now that I am looking at our contract, disclosures, etc. from when we bought the house, I see that the seller disclosed that the foundation walls had not moved in the 5 years prior to the selling date and she had only been living there for 3 years prior.
So, my question is, after we consult with a structural engineer, and he gives the likely bad news, are there likely any grounds for suing our realtor for both giving "expert" advice that she did not have and for not suggesting that we consult with a structural engineer? The inspector, too, maybe, since he did not say anything about a structural engineer either even in his written report.
Thank you for any help you can give.
Non-Performance and Breach: Realtor Said Foundations Fine, Did Not Recommend Expert Advice
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