# undisclosed crack on foundation wall



## Walksing (Oct 16, 2012)

hello folks;

We bought our new house from the builder in 2010. While we were planning to finish basement this month, We found a big crack cross the basement foundation wall from top to bottom that was covered by insulation and vapor barrier . 
Even though this crack has been sealed and there is no any leaking so far, we still believe the builder (seller) had the obligation to disclose this defect according to Disclosure Act/laws.

I am seeking your input if the builder/seller had the obligation to disclose this crack before we purchase this house. we understand we should have due diligence on this matter but the builder should disclose this defect before we purchased this property.

any input and comment will be appreciated.


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## MoreMiles (Apr 20, 2011)

It was four years ago... they will claim it happened after you took ownership. They did not give you a lifetime warranty, only one year. Also, read your contract carefully and you will see the vendor is a corporation. Builders usually open a new corporation with each project and close it after selling off all the properties. So the vendor you want to sue (ie builder corporation) is no longer existent. Who are you going to find?


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## Chris L (Nov 16, 2011)

$1k should fix the crack, fix the crack yourself. Part of homeownership. Welcome to the club **** happens!


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## carverman (Nov 8, 2010)

Chris L said:


> *$1k should fix the crack, fix the crack yourself*. Part of homeownership. Welcome to the club **** happens!


Less than that if you are actually the one doing the work. Some gravel, a can of hydraulic cement, a can of roofing tar and a some manual labour. ($100 to $150)

I had foundation crack that was leaking a few years ago right at my front step. Being a very frugal homeowner, I had to bust up and haul away the concrete (stoop?) step,
I believe it's what these precast things are called), and haul the pieces away to the dump in a trailer

Then I was able to dig a hole around the crack 4-5 feet down just large enough for me to to get into and scoop out the backfill, down to the actual footing and scrape off the mud, after it dried. 
Then chisel out the crack, fill it with hydraulic cement. Once that dried, cover the crack with roofing tar (out of a can) and fill the area with gravel for better drainage.

Inside the basement, I chiselled out the crack and filled that with hydraulic cement. 

No more leaks in the past 18 years.


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## Chris L (Nov 16, 2011)

That's how it's done. Probably not as good as a pro, but the results speak.


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## Andrej (Feb 25, 2010)

carverman said:


> Then I was able to dig a hole around the crack 4-5 feet down just large enough for me to to get into and scoop out the backfill, down to the actual footing and scrape off the mud, after it dried.


Make sure you're not working alone in case the walls to the hole collapse and trap you in there. I'd make the hole a V, instead of just big enough.

And to answer the OPs question, there is no way you're getting anywhere with that- there would just be a lot of finger pointing and wasting time. It was your responsibility in 2012 and we're now in 2014.


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## RBull (Jan 20, 2013)

Do you have a new home warranty? A crack like that would be covered under "major structural" coverage on new home warranties for 5 years in this province. 

I know since I had to make a claim in the 4th year of ownership for a new home I had built approx 25 years ago.


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## hystat (Jun 18, 2010)

sounds cosmetic. a pic worth 1000 words in this case.

many houses have block foundations, in which an average bungalow would have a few thousand cracks patched with mortar intentionally.


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## marina628 (Dec 14, 2010)

We had house built in 2010 as well and there is a small hairline crack in our foundation on one side but our builder said this was normal.He did put it in writing to cover it for 10 years and to date nothing so it may not be a serious issue as you think.I would imagine after 4 years you would have water if it was a serious crack.


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## Walksing (Oct 16, 2012)

thank you for your reply. we are working on this issue under new home warranty now . 
I would like to know if the new home builder have the obligation to disclose this crack/defect before we purchase.


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## RBull (Jan 20, 2013)

^this is a question for the lawyer who represented you with your transaction.


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