Foundation Issues During Your Option Period

Buying & selling

Foundation Issues During Your Option Period

The inspector wrote one alarming sentence and you have about five days. Here’s the order to do things in.

General information about a common situation, not legal or real estate advice. Your agent and, where money is significant, a real estate attorney should be reading your actual contract.

What the inspector’s note means

Something like “Evidence of foundation movement observed. Recommend evaluation by a qualified foundation contractor or structural engineer.”

Read that as neutral. Home inspectors in Texas are required to report observed conditions and are not licensed to diagnose foundation performance, so this language appears on a very large share of North Texas inspection reports — including on houses with nothing meaningfully wrong. It’s a referral, not a verdict.

It’s also not something to ignore, because it puts the issue on the record for every future buyer.

Day one: get in line

Call the same day you get the report. Not tomorrow. Option periods in Collin County commonly run seven to ten days, sometimes fewer in a competitive market, and specialists book out.

Book two things in parallel: a free contractor elevation survey, which you can usually get within a day or two, and a structural engineer if the contractor survey shows anything significant. Tell everyone your option deadline when you book.

Access needs the seller’s or listing agent’s permission. Standard, but it takes a phone call, so make it early.

Ask the seller for the history

Before anyone comes out, request four things through your agent:

  • Documentation of any prior foundation work — invoices, pier plans, dates
  • The warranty, if repairs were done, plus whatever transfer procedure it requires
  • Any engineering report the seller has
  • Any prior elevation survey, which gives you a comparison point and turns a snapshot into a trend

A prior survey is enormously valuable. Knowing the northeast corner was 1.2 inches low three years ago and is 1.3 inches low today tells you the house has essentially stopped moving. Same reading with no history tells you nothing about rate.

Texas sellers complete a disclosure notice covering known defects and prior repairs. Read it carefully against what you’re being told.

Previously repaired isn’t a red flag

Buyers often treat prior foundation work as disqualifying. In North Texas that’s backwards.

A house with documented, properly executed piering and a transferable warranty is frequently in better shape than the identical house next door that has never been touched — because the first one’s problem was diagnosed and addressed, and the second one’s is still coming. Given a choice between “repaired in 2019 with paperwork” and “no known issues” on two forty-year-old Blackland-clay houses, the paperwork is worth more.

What matters is whether the work was adequate, whether the warranty transfers, and whether movement continued afterward.

Negotiating

Once you have a written scope with a real number, you have roughly four options.

Seller repairs before closing. Cleanest for a lender. The drawback is the seller picks the contractor and controls the scope, and their incentive is cheap and fast. If you go this route, get the right to approve the contractor and see the scope in writing.

Price reduction. You handle repairs after closing with your own contractor. More control, but you need the cash on top of your down payment and closing costs.

Seller credit at closing. Similar effect, and it keeps money in your pocket at the table. Lenders cap seller contributions, so check what your loan allows before proposing a number.

Walk. That’s what the option period is for. You paid for the right to terminate.

A written scope from a licensed contractor is far stronger in this conversation than an inspector’s one-line note. It moves the discussion from “there might be a problem” to “here is a document with a number on it.”

If you’re selling

Run the survey before you list.

Finding out about movement during a buyer’s option period costs you leverage, costs you time on market, and frequently costs you the buyer. Knowing beforehand lets you decide whether to repair, price accordingly, or simply have the documentation ready when the question comes — and it will come, because North Texas buyers are trained to ask.

Sellers who repair proactively and hand over a sealed engineer’s letter confirming the work close faster and defend their price better than sellers negotiating under a deadline.

Also worth reading: what repair costs in McKinney and why to run a hydrostatic test first.