buyers rights

[diane]

i recently purchased a 1998 skyline mfg home with a permanent 433 foundation completed while in escrow. i have two issues i would like to discuss.

the house is completely out of level. there is cracking at the center ceiling beam and the center bottom beam is at least 1 to 2 inches lower on one side. there is 18" ceramic tile in the kitchen floor that is lifting on a corner and some of the tile grout has been re-covered with some pink chalky stuff that is craking and falling out.
the people who did the foundation say it is not their problem and that they have nothing to do with the level of the house. who is responsible for this?

the other issue is our heating unit. it is a coleman unit with a blend air deluxe. the home owner insurance the former owners bought for us that is supposed to cover everything says they do not cover this part since it is considered a vent. the serviceman they sent out disconnected the fan on the roof and said it was 'unnecessary'. does anyone have any input on this?

i'm considering getting a lawyer. i don't think i should have to pay to fix any of this.

thanks

[Mac]

Hmmm... the fan needs to be connected; it's part of the whole-house ventilation system required because the home is nearly airtight. It's important to have that on, to remove moisture and bring in fresh air.

Are you sure the damage was not done in the PROCESS of installing the foundation - that it is now level, but needs to be patched up? It sure seems to me that the people installing the foundation are responsible for leveling, but what does the contract say?

My guess is that the leveling may cost $500 or so - and it should be done with a water level. The sheetrock etc. might run another $500-1000. If it were me, I would do these things:

1. Read to see exactly who is contractually obligated to do what.
2. If I end up on the hook for leveling and repair, get estimates, get the work done, then go the small-claims-court route.

Our Quality department has a saying: "Not written, not said." So if the contract is silent on these things, you may just have to go for it and try to recoup.
Sigh...