Home Inspection Report - Due Diligence - Need guidance

Anks

New Member
Jurisdiction
North Carolina
Hope I get some guidance with a home inspection that we completed. I am naive when it comes to things related to offer contracts so your expertise will greatly help me make a decision whether to move ahead with this purchase or can seller will fix these issues or seller reduces the price(not sure how much this will be)

I paid a Due Diligenece of $10,000 toward this home purchase. As per contract this amount is non refundable except in the event of material breach of this contract by seller.

Selller acknowleges below:

Is there any problem, malfunction or defect with the dwelling's foundation, slab, fireplaces/chimneys, floors, windows (including storm windows and screens), doors, ceilings, interior and exterior walls, attached garage , patio, deck or other structural components including any modifications to them?------ NO

Is there any water seepage, leakage, dampness or standing water in the dwelling's basement, crawl space, or slab? - NO

Is there any problem, malfunction or defect with the drainage, grading or soil stability of the property? NO

Critical Issues found:

1.In the crawl space, the foundation walls were wet and the soil adjacent to the foundation was muddy fromdirect water penetration in the area. Direct water penetration damages the foundation, the woodstructure, and creates an undesirable environment in the crawl space areas that encourages insects andor fungal growths such as mold/mildew. Water in the crawl space indicates an absent or damagedwaterproofi ng and foundation drain system. Repairs are needed to prevent water penetration. A licensedgeneral contractor should be consulted for further evaluation to determine the source of the moistureand to make necessary repairs.

Photo was added along with comments. This is the high water line. This crawlspace has a history of standing water. This will damage the foundation and wood structure. Also, the sump
pump has not been functioning properly in the past.

2.Garage walls showed signs of moisture intrusion known as effl orescence. Recommend a qualifi edcontractor evaluate and fi nd source of moisture to prevent further damage and/or mold.

3.Located in the crawlspace, a gas gaugewas left behind. These tend to leak. Thisis why they are not left installed. It isvery important that gas leaks do notoccur inside the enclosed crawlspace.Gas leaks inside an enclosed crawlspacecan cause explosions.

4.The AC system auxiliary drain pan is in poor condition and in need ofreplacement. This condition indicates a history of improper drainageof the system condensate water. Improper drainage of thecondensate water can result in system and property damage. A HVACcontractor should be consulted for a complete evaluation and tomake necessary repairs to ensure safe, reliable, and properoperation of the HVAC system.

5.A horizontal crack was found in the foundation of the home. A horizontal crack is the most serious type ofcrack. This means that they footing and foundation wall have begun to buckle. Cracks in the foundationindicate a defi ciency in the foundation, footing, or supporting soil that can change and worsen if itprogresses over the life of the home. An engineer should be consulted to determine thesignifi cance/cause of the cracks and outline any necessary repairs.

Will one of the problem help me get my Due Diligence money if I back out of the offer?

Appreciate your response.

Thanks
 
Will one of the problem help me get my Due Diligence money if I back out of the offer?
While I would agree that you may have a strong argument for getting your money back, we are not a referral board. This forum is designed to help with general advice related to legal matters. If the seller will not agree to return your money, then you will want to contact a local attorney. Your real estate agent may be able to refer you to someone, or you may wish to visit Free Legal Case Review: No Cost No Oblication · TheLaw.com or Find a Lawyer in the Attorney Directory | TheLaw.com.
 
While I would agree that you may have a strong argument for getting your money back, we are not a referral board. This forum is designed to help with general advice related to legal matters. If the seller will not agree to return your money, then you will want to contact a local attorney. Your real estate agent may be able to refer you to someone, or you may wish to visit Free Legal Case Review: No Cost No Oblication · TheLaw.com or Find a Lawyer in the Attorney Directory | TheLaw.com.
ok thanks, wanted to just check with this team what I am reading and understanding and if we are on same page. Appreciate it.
 
ok thanks, wanted to just check with this team what I am reading and understanding and if we are on same page. Appreciate it.
So as I understand your post you gave the seller an earnest money deposit. Then you had a home inspection done where some issues were found. Is that correct?

With the possible exception of item 4 in your post, the issues found are in plain sight if you look.

Did you look at the house before you gave the deposit?
 
So as I understand your post you gave the seller an earnest money deposit. Then you had a home inspection done where some issues were found. Is that correct?

With the possible exception of item 4 in your post, the issues found are in plain sight if you look.

Did you look at the house before you gave the deposit?
While true, intentionally false statements on the disclosure documents might be considered a material breach of the contract.
 
The operative word in your post is intentionally. And while all of the items of concern can be seen with the naked eye, proving the seller knew about them will be difficult to prove.
 
Accusing is much easier than proving.
 
The operative word in your post is intentionally. And while all of the items of concern can be seen with the naked eye, proving the seller knew about them will be difficult to prove.
I can't disagree with you there. It's entirely possible for a homeowner to not be aware of such things, although some would seem more obvious than others.

EDIT: Several of the things mentioned are not visible by the naked eye without taking extra steps. For example, a problem in the crawlspace might go unnoticed for quite some time, just as moisture on a wall in the basement isn't obvious if you don't spend time in the basement. There are parts of my backyard that I haven't seen in years (literally) due to obstructions. Could I see those parts? Sure, but I'd have to shimmy through a tight space behind a shed, and I just have no desire to do that.
 
An inspection contingency often gives a buyer an out and a refund regardless of the nature, source or knowledge of the condition of the property.

OP might, or might not, have such an out depending on the wording of the inspection contingency in his purchase contract.
 
Back
Top