Make him uncover it and show it to you. If it is cracked don't buy the house. If he refuses to uncover it don't buy the house. There is a good chance the crack started at the footing when the footing cracked.

Glenn Good

The crack probably accured during backfill. The footing is more than likely cracked also. You can cut a section of the basment floor out in that ares and maybe see the crack. Remember the basement floor is about a 3 to 4 inch pour. If you dig out an area 2'x2' center of the crack and pour you will stop the wall from movement inward. The soil will stop the movemnet outward. Now that the wall is cracked you must be aware of other cracks occuring after afew seasons.

Thanks GlennG and Butane for the replies. Could I ask you another question about legal right?

Since I signed contract to TollBrothers Co. to build that house. And it seems to have major problem (now I found another long crack on the other side of basement. And last weekend, there was a big thunder storm in that area, and I did come to check for leaking. I found that there were cement wet along crack line - wet spot were about 2 inches in diameter... I concerned it was leaking in basement).

How should I back out contract without any penalty? Should I hire a lawyer? (of course, my realtor wants me to buy house so he can get comission- My realtor convinces me it will be OK since he asks for warranty statement in writing from TollBrothers Co.)

I definitely appreciate your help and advice. Best regards, Nick111

Most definitely seek the advise of an attorney if you are under contract. You should have the legal right not to purchase a home that is already defective. It can be repaired but once you buy the house it will become infinitely more difficult to get the repairs done, and done properly. If you are going to buy it make them do the repairs before you buy. The areas that are cracked will need to be dug up and totally redone as well as waterproofed to repair it properly. If the footing is also cracked I would not buy it, period.

Glenn

GlennG,

Thanks very much for your advice.
Regards.

Nick,
Get out of this house, what ever the expence to you in legal fees is far less than the money you'll be spending on that foundation. New houses should require no WORK. Your not talking about a terrible paint job here, get out, start again, and get what your paying for. If you want foundation issues buy a handy man special, but dont deal with this on a brand new house.

Nick, I agree with Kwitter,walk don't run to your nearest attorney.

Definately get out of it. not only is the foundation cracked, but over time that crack will work its way all the way to the top of the house, and you will have whatever is above the crack also crack, like the walls, any windows, if there is a door there you will find it hard to open and close. This house still needs to settle which takes years and eventually will show all its bad news at that time. Get out now while you still can. The foundation is just the start of your worries if you buy it.