Structural issue stemming from foundation

Regarding the earlier question, my house was built in 2001. It is not very old. I pulled the public records and the town inspector checked off on everything without any issues during the construction. My house is part of a development that was constructed over a 2 year period. One company threw up about 10 houses. I have no doubt in my mind that the town inspector very loosely inspected these homes. As was already stated, he probably spent no more than a couple of minutes at each home and did not actually do his job. Unfortunately, even though this guy is still my towns inspector, I believe the statute of limitations has long since passed on that.

I will try to be more clear. In order to attempt to limit liability, each major house heading has a “general comments” section after all of the custom comments regarding the matter. In the case of foundation, my inspector states the following regarding the exterior of the foundation:

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He then goes on to comment on the interior of the foundation:

I agree that what he verbally said has no record and cannot be used for anything, but it is still irresponsible on his part.

His guidance for both aspects of the foundation is flat out wrong. I have posted images showing the cracking, old patch jobs, and the out of level slab/walls. Surely, a licensed inspector should understand that there is more to it here than simply sealing the cracks with hydraulic cement. The home shows clear signs that it has significantly settled and may possibly still be settling. He has no idea what the extent of the already patched cracks is. For all he knows, they could have been sealed the week before he arrived and are currently expanding. You do not have to be able to see through the current patch job to absolutely understand there could be a much larger issue here. If the house was completely in level I could understand his conclusion; but it is not. While some inspectors are likely not skilled with foundation issues, he included a section in his report on my foundation. He concluded that the only issues is hairline cracks and to simply seal them with hydraulic cement.

Here is the general information provided at the end of the foundation section of the report.

A report really cannot be any more misleading than this. The comments directly relating to my foundation state that there really is no issue with it except for hairline cracks. He explains in his general language that hairline cracks are typically caused due to concrete shrinking as it cures. It later goes on to discuss that large cracks should be examined by a structural engineer. My gripe now is that it is clear that my foundation should have been examined by a structural engineer. The issue is that the inspector overly generalized the issues in my foundation and concluded that, since these cracks are not large, no SE is needed. I am really not sure how it can simply be concluded that all of the cracks are hairline when there is globs of patchwork that is visible.

Hairline cracks? Seal with hydraulic cement. His report does not discuss the extreme slope over the back half of the foundation. That information is completely omitted from the report as he overlooked that detail. He also never once mentions the lean of the rear foundation wall.

These facts were easily attainable without being invasive while inspecting the home

  1. Significant slope over entire back half of house. (His note in the report is "some floors slope - again very generalized)
  2. Numerous cracks in foundation. Some have been patched. How is it responsible to conclude that the foundation only possesses hairline cracks? It has patch jobs - and it is unclear the severity of the crack underneath.
  3. Entire back wall of foundation slopes. This is not even noted in the report but, based on the image I posted, it is severe enough that you can see it with your naked eye.

I am shocked that I was not recommended to consult with a SE based on the clear and visible facts of my home. Nobody needed to tear a wall apart to conclude that SE should be brought in. What condition must a foundation and house actually be in in order for a home inspector to recommend consulting with a SE?

That question is now academic, as you are (possibly) convinced that your inspector didn’t meet your expectations, or worse, failed to fulfill an obligation to you regarding the foundation.

No amount of online opinions can remotely diagnose the issue, nor will they likely change your mind one way or another; and they certainly won’t repair the damage.

I find it interesting that in your state, disclosure must be asked for or requested, as it’s a legal requirement in Florida and other states. And why didn’t your real estate agent recommend that you ask for seller disclosure? Why do buyers (or you) wait to be told to ask for such relevant information?

In the end, you can, of course, pursue legal remedies or try to work it out with the firm you hired for the inspection. It may be time to consult with a real estate attorney for the best course of action. You may have options that an experienced professional can use to guide you towards a positive outcome.