Pertinent facts:
That's a lot of words to build a scenario in which I feel more and more strongly that the previous knew about the foundation issues as well as the potential water damage behind the tile (why else would they do a grout job?) and knowingly withheld information that likely would have swayed my decision to purchase the home. If nothing else, I would have gone to greater lengths to inspect the home, etc.
I hate even thinking of litigious matters, but I really don't believe the previous owners acted in good faith, nor do I believe the inspector did a good job of representing my interests.
What recourse, if any, do I have?
- Closed on mid-90's home in BFE NW Colorado late June this year
- Previous owners DID NOT disclose any areas of known or potential water damage
- Previous owners DID NOT disclose any areas of concern on the foundation aside from one upstairs door that had a minor stick to it
- Inspector DID NOT note any water damage or POTENTIAL water damage
- Inspector DID NOT note any potential areas of concern on the foundation (other than sticking door)
- Inspector called out a couple of relatively minor issues (tighten a toilet, add a support post under the elevated deck, replace a couple sections of gutters)
- Inspection was completed while I was in Houston and had to rely on the inspector's honesty/competency and my realtor (competency is questionable at best and was also the listing agent).
- I did a post-inspection / post-option walk-through of the home less than 4 days before close (late due to work scheduling and inability to travel up prior to). I noted one decent vertical crack in roughly the middle of one of the long sides of the house (house is a perfect rectangle). I queried the previous owner if they knew about it, and he acted surprised. I didn't notice any other major cracks or sticking doors, no cracks moving at angles away from doors/windows, etc.
- The majority of homes in this tiny town have foundation issues of varying degrees. One home I looked at had almost 3" of slope. It is essentially accepted here that foundations are a problem...just how bad.
- Upon moving in, I found 4 additional vertical cracks (small and not as large as the first) at various points of the home where the previous owner had furniture or photos placed during inspection. The staging of the home looked like a typical home.
- I knew 1 door had a minor stick to it, all other doors opened normally prior to closing.
- Three doors now stick.
- There are obvious areas of slope in different areas/directions that I did not notice during the first three visits to the home.
- I did not change anything in regards to watering schedule after the sale. Homeowner left everything the same. Weather this summer was typical of the area according to numerous locals.
- The previous owners spackled/grouted over a section of the upstairs bath, and it was obvious that moisture had crept behind the tiles as they had buckled. I do not recall as having seen the spackle/grout job during the walk through, but I also do not recall as having specifically checked. Having purchased two homes before, I make a point to look at all the major areas. Again... the previous owner nor the inspector called out any areas of potential water damage.
- Within 1.5 months of living in the home, the upstairs cold water knob stuck/broke, flooding behind the wall and part of downstairs.
- During shower demo I found rather extensive water damage in the area where the spackle/grout job was. The wood is essentially brittle junk that absolutely has to be replaced prior to placing new backer/tile. This is no longer a relatively simple job of replacing tile, as there is a window in the bath area that will need to be removed/reset after the framing is replaced, have to pull the bathtub completely, etc. etc. etc.
That's a lot of words to build a scenario in which I feel more and more strongly that the previous knew about the foundation issues as well as the potential water damage behind the tile (why else would they do a grout job?) and knowingly withheld information that likely would have swayed my decision to purchase the home. If nothing else, I would have gone to greater lengths to inspect the home, etc.
I hate even thinking of litigious matters, but I really don't believe the previous owners acted in good faith, nor do I believe the inspector did a good job of representing my interests.
What recourse, if any, do I have?