Foundation repairs, earnest money

ask george & chuck

Foundation repairs, earnest money

 

Dear George: I purchased a new home two years ago, and recently had issues with cracks in the walls and sloping floors. The builder investigated my claims and determined that the foundation had moved eight inches. He covered the repairs. Although the foundation-repair company hired by the builder offers a pro-rated lifetime warranty, I'm concerned about selling my house in the future. Do houses that have had foundation repair lose some of their value versus a comparable house without foundation issues? If so, what recourse do I have at this point to recoup any loss I may suffer at a future date?

Answer: If other homes in your area have had foundation repairs or you see little or no foundation movement in the years before you sell, there probably won't be too much price differential. Is your foundation-repair company's warranty transferable to future owners? If so, that could help your sales price. You can also hire an appraiser to determine what your home's sales price would be with and without foundation repairs. Area REALTORS® are another good source for comparable sales-price data.

Dear George: Is there a customary percentage or amount for earnest-money deposits? Does it depend on whether the house has already been built?

Answer: No, the amount of earnest money required by sellers is negotiable.

  E-mail your question to "Ask George & Chuck" or fax it to 281/596-7591. The answers to questions in this column do not contain legal advice. If you wish to obtain legal advice, you should consult your own attorney.  

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George Stephens, CRB, is the broker of ERA Stephens Properties. He is licensed as a mortgage broker in Texas and a real estate broker in Texas, Georgia, and Massachusetts.

Charles J. Jacobus, JD, is board certified by the Texas Board of Legal Specialization in Residential and Commercial Real Estate Law, and the author of Texas Real Estate Law and Texas Real Estate, both published by Thomson Publishing. He also teaches at Champions School of Real Estate and Houston Community College, and is an adjunct professor at the University of Houston Law Center.

George and Chuck are co-authors of Texas Real Estate Brokerage and Law of Agency published by Thomson Publishing.