For Home Sellers

 

 

Top Tips For Home Sellers 

Be open and straightforward.     Attend the inspection or leave key information     Listen to your agent     Consider retaining your own engineer prior to the sale     Understand the inspection process.     Consider obtaining a second opinion from an engineer     Do not rely on a foundation contractor repair warranty.     Do not rely on a new home foundation warranty     Be able to recognize foundation  repair contractor scare tactics     Keep things in perspective  

 

 

Tip #1: Be open and straightforward: I cannot emphasize enough how important it is to be open and straightforward in a real estate transaction including the home inspection process.  You should make any previous inspection or engineering reports available to the buyer and this should be done in a timely manner.  If you have made repairs to the house and/or to the foundation, that fact along with any details known to you should be disclosed.

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Tip #2: Attend the inspection or leave key information: In our opinion, it is usually to your advantage to be at the house during the inspection.  This is not always the case.  Sometimes a seller has other commitments or the buyer may not be comfortable with the seller present.  In addition, some sellers take home inspections very personally and find the whole process extremely distressing.  If you fit into this category, you should probably not attend the inspection.

If you do not attend the inspection, you would be well advised to leave the following information for the inspector or engineer.

 

bullet The age of the house.
bullet History of any known foundation repairs including any available documentation.  
bullet History of any known drywall repairs.
bullet History of any known repairs to brick veneer and stucco.
bullet History of any known plumbing leaks under or near the foundation.
bullet Any recent major changes to the house or landscaping.
bullet Any house plans you may have.

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Tip #3: Listen to your agent: An experienced and knowledgeable real estate agent is an expert on the buying and selling of houses.  They understand what your buyers are looking for, how they are likely to view your house and how the competition stacks up and compares to your house.  Your agent will advise you on how to best prepare your house for the market.  Listen carefully and take what you hear to heart.

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Tip #4: Consider retaining your own engineer prior to the saleIf your house has had foundation repair in the past or if it shows any signs of possible damage due to foundation movement, you should consider retaining an engineer to prepare an engineering foundation evaluation prior to selling or even listing the house.  The engineering report should be disclosed to any potential buyer.  The engineering report becomes a form of professional 3rd party disclosure.  With a report in hand, you can proceed to make any cosmetic repairs necessary to make the house more attractive to a potential buyer without placing yourself in a position of being charged with trying to hide something.  Obtaining a professional engineering evaluation of the performance of the foundation is likely to make the entire selling process go smoother.  If the foundation does need foundation repair, you will at least know up front you will have to deal with. 

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Tip #5: Understand the inspection process: It is very important for you as a seller to understand the different roles played by real estate inspectors and engineers in the inspection process.

From a practical perspective the difference between what a real estate inspector and an engineer comes down to what they report if the foundation performance is judged to be inadequate.

bullet The Real Estate Inspection Approach: Under the rules licensed real estate inspectors are required to follow, if they judge the performance of the foundation to be inadequate, the inspector is required to report the foundation as in need of repair.
bullet The Engineering Approach: An example of an engineering approach can be found in a publication of Texas Section of the American Society of Civil Engineers.  The guidelines state that if the foundation performance is judged to be inadequate, the engineer should report to his client the options that are available to improve the performance.  Those options may include structural foundation repair but also may include non-structural options such as landscaping changes, more or less aggressive watering of the foundation making cosmetic repairs and/or changes to the house and, if appropriate, doing nothing.  
bullet Why the Engineering Approach is a More Comprehensive  Approach: According to the US Army Corps of Engineers publication Foundations in Expansive Soils, the fact that a foundation is not performing "adequately" does not mean that foundation repair is either necessary or desirable.  Nor does it mean that foundation repair will actually improve the performance of the foundation.  An engineer has both the training and duty to exercise his engineering and analytical judgment in judging both the adequacy of the performance of the foundation and in reporting what options are applicable for improving inadequate foundation performance.  The real estate inspection approach frequently results in a repair  recommendation that is both unnecessary and counterproductive.  Many real estate inspectors know this.  They usually follow the rules by reporting a house that shows signs of damage due to foundation movement as in need of foundation repair but then also recommend a second opinion from a structural engineer.

 

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Tip #6: Consider obtaining a second opinion from an engineer: If your house foundation has been underpinned in the past or if there are visible signs of damage or distortion due to foundation movement the buyer's real estate inspector is likely to report the foundation as in need of repair.  Before you decide to have a foundation repair contractor prepare a quote, you would be well served to retain an engineer and get an engineering evaluation of the performance of the foundation that addresses two key questions:

bullet Is foundation underpinning structurally necessary?  Very few Greater Houston Area houses are so damaged by foundation movement that foundation repair is structurally necessary.   
bullet If foundation underpinning is not structurally necessary, would foundation underpinning make a significant difference in the performance of the foundation.  If a house shows minor to moderate cosmetic damage with some minor door problems, underpinning is likely to make only minor improvements to the future performance of the foundation.  Improving the drainage, landscape changes and more consistent irrigation practices may be just as effective at significantly less risk. 

 

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Tip #7: Do not rely on a foundation contractor repair warranty: A foundation repair warranty is no better than the company that stands behind it.  This industry is littered with repair warranty programs and companies that have gone bankrupt leaving homeowners with little more than pieces of paper that say Lifetime Warranty, disconnected phone numbers and addresses where there is nothing but an empty lot.

The typical foundation repair warranty requires only that the foundation repair contractor make adjustments to the piles or piers during the life of the warranty if certain conditions are met.  The foundation contractor is not liable for any damage that may result from such adjustments.  The cost of the adjustments may be borne by the contractor or may cost the owner an amount stipulated in the foundation repair warranty.

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Tip #8: Do not rely on a new home foundation warranty: One reason some home sellers may feel comfortable when the are selling a house that shows signs of damage due to foundation movement is that they believe that the 3rd party 10-year foundation warranty will make the buyer feel comfortable and take care of any problems that might exist relative to the foundation.  Other than making sellers and buyers feel better, 3rd party foundation warranties are not worth very much.  There are two aspects of these warranties that you should understand.

bullet These warranties require that there be damage to a listed structural member: The large majority of houses that experience foundation problems will not show damage to a listed structural member.  The damage is almost always restricted to brittle wall coverings such as drywall (sheetrock), brick veneer and stucco.  These coverings are not listed structural members. Regardless of how severely damaged wall coverings are, such damage is not covered by the 10-year foundation warranty.
bullet The damage to a listed structural member must render the house unlivable or unsafe.  This is even less likely.  In practice, virtually the only way this can happen is for a door that is a primary or secondary fire escape door to stick or bind so that small child may not be able to open the door.  But, even if this happens, it can almost always be corrected without underpinning the foundation.  

The bottom line is this : The typical new home foundation warranty is akin to an insurance policy protecting you from the theft of an in-ground concrete swimming pool.  It provides protection only against an extremely unlikely event.

 

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Tip #9: Be able to recognize foundation repair contractor scare tactics: It has been my experience that some (but certainly not all) foundation repair contractors are not above using unethical scare tactics to sell foundation repair work.  The most common and egregious tactics are listed below:

 

bullet The finish floor (or foundation surface) exceeds the allowable slope: The scam here is that there is no “allowable slope”.  Construction tolerances published by the American Concrete Institute (ACI) allow for a new slab to have a slope as high as 1.25 inches over 10-feet.  But neither the ACI or any code authority publishes a maximum allowable slope tolerance for existing slab-on-ground foundations.
bullet The finish floor (or foundation surface) exceeds the allowable levelness criterion: Foundation repair contractors will sometimes tell a homeowner that his foundation is excessively out of level.  This is misleading at best and a scam at worst.  There is no code requirement that stipulates how level a slab-on-ground foundation should be.  The levelness of the foundation surface is an aesthetic issue, not a code issue. 
bullet The roof rafters are being pulled apart: When there are gaps between the roof rafters and the ridge beam, the typical cause is sloppy framing, not foundation movement.  One way to check to see if foundation movement is a possible cause of such gaps is to test plumb of the of wall the rafter frame into.  If the wall is reasonably plumb, foundation movement is not likely to be pulling the roof rafters apart.
bullet Snakes and other vermin can enter the house.: I have been told stories of foundation repair contractors telling homeowners that if they do not underpin their foundation snakes and other vermin can enter the house.  This is an obvious scare tactic.  The truth is that vermin can enter any house.  No one likes to hear that, but it is true.  Underpinning the foundation is not going to change that fact.
bullet If you do not underpin the foundation perimeter now, you will have to underpin the interior later: This is almost laughable.  Underpinning the perimeter of a foundation can result in the normally dormant area of the foundation becoming unstable.  The fact is that foundation repair is rarely an emergency situation.  Taking your time to make a well-considered decision is not likely to result in having to do even more repair work in the future.  Do not let a repair contractor hurry your decision.
bullet If you do not underpin the foundation you cannot sell the house: I will admit that if a house shows signs of significant foundation movement, it may be easier to sell the house if it has been underpinned, especially if the repair work comes with a Lifetime warranty.  But it is also true that underpinning the foundation may also make the house more difficult to sell.  There is no clearer proof that a foundation has performed inadequately in the past than the fact that the owner spent several thousand dollars to try to make it perform better.
bullet You must repair the foundation now or face bigger problems later: In most cases, there is no reason to believe that you will face even more repairs in the future if you do not repair the foundation now.  I cannot stress enough that foundation underpinning is rarely an emergency situation.  It is almost always prudent to take your time and make a decision only after you are satisfied you have enough information.

 

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Tip #10: Keep things in perspective: This is a very important point.  For the average person, there are many aspects of a house that are more important than the foundation.  Examples are the schools that serve the area where the house is located, the number of bath rooms and bedrooms, the amount of traffic on the street, the proximity of schools, churches, employment and shopping.  All most people want is for the foundation be adequate.  Given the soil conditions that exist in the Greater Houston Area and the almost universal use of non-structural house foundations that distort as the soil distorts, it is virtually inevitable that most resale houses will show some signs of damage due to foundation movement.  Your buyer will have to decide how much damage they  are willing to tolerate and whether your home meets their needs and desires.  In our experience, there is a buyer for every house at the right price.

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© 2004 R. Michael Gray, P.E. and Matthew T. Gray.  This material may be reprinted for personal and educational non-commercial use only.  This material is based on generally accepted engineering principles and practices; it is for general information only.  The information contained herein should not be used without first securing competent professional advice with respect to its suitability for a general or specific application.  Anyone using this information assumes all liability for such use.