SHINING A LIGHT…
I am a big believer in the power of social media. Yes, it has it's pitfalls, but I have always viewed it as a tool for individuals to have a voice when in the past their words may have been ignored or fallen on deaf ears. Now there is a much, much larger audience that can hear what they have to say.
I have something to say. My hands are tied and I am backed against a wall, but I am going to keep pushing forward and trying to make it right. No, I am not in a life-or-death situation but it is a greatly frustrating and unfair situation that I think others need to know about because you may come across it yourself one day and may now know a way to get through it if I am able to do so.
My situation is related to the pervasive good old boys network we have in Texas, and more specifically, in Houston. I love my state and am HoustonStrong, but that is one thing I have never liked about either. I have managed to work within it for years, but it has been far from easy and downright painful at times. I suspect it is that way for my fellow ladies and many men who do not fit within the definition of a "good old boy."
I listed my home in the Heights for sale in January with an awesome Realtor. I had an offer the first day that was fairly close to asking so I took it. Let me tell you this is no small feat, because it is NOT a sellers' market right now and there are A LOT of homes for sale in the Heights.
Immediately my gut told me something wasn't right. Why? Shouldn't I just be happy I have an offer? I didn't make sense to me either so I pushed it down. But sure enough, nine days later - at the very end of the option period - my agent came to me with the buyer's inspection report produced by Criterium - Farrell Yancy Engineers, and said it indicated that there's a problem with your foundation. I was horrified, thinking, "How can I have a foundation problem with a 3-year-old house?" Yes, I know you what you engineers out there are thinking. This is Houston, soils move a lot. Bad batch of concrete. Lots of rain in the past three years. I get it.
I read the report and saw the glaring statement: "The structural condition of this foundation is below average." The problem is, the report by Criterium - Farrell Yancy Engineers did not provide any factual evidence that supported the statement, and in fact stated that it met building standards and accepted industry requirements. It even stated that the foundation was "satisfactory."
I hoped against hope, but on a gut level knew the buyer would use it to try to get the price down and I suspect that the report was written in a way to help him accomplish his goal. And he did. He wanted me to come down $23K. I spoke to my builder, David Weekley Homes, and they of course disputed that the foundation was "below average," and that if it ever did fall in that range, it was covered by the warranty up to 10 years. They even came out and talked to the buyers' agent. No use.
I did not accept the offer as I knew at a gut level the buyer were using a tactic to get me to literally give my house away. Eventually he walked away, which I expected. However, unfortunately the report is public record now and I am on my third potential buyer who has viewed it and chosen not to put down an offer because of this faulty inspection report.
Yes, I have taken action. I went line by line through the inspection report and found several errors aside from the foundation opinion. I addressed them one by one, with research to back my words, in a letter to Criterium - Farrell Yancy Engineers and came up with no less than 15 areas in the foundation section of the report that supported that it was a solid foundation. I sent it to the company's owner and asked that he review it and then make corrections to the report.
Well that went over like a lead balloon. No offense to my engineering friends out there, but I have never met an engineer who admitted an error or mistake, particularly in a sealed document, and that was the response I got in bold type. The problem is, Criterium - Farrell Yancy Engineersowner did not address any of the specific issues I brought up. He just stated they were right because their inspector was a registered professional engineer. Let me tell you, the engineers I worked with at my former job were registered professional engineers and I witnessed MANY of the making highly questionable decisions and rather obvious mistakes, even in the eyes of a lowly non-engineer.
Now I continue to take action. My next step is to work with David Weekley to have an third party engineer do a separate inspection and compare the results against the first report. If there is indeed a problem, I am in good shape because I am covered by the warranty. If not, I have another report to show buyers.
More than anything, I want to shine the light on the good old boys network that use their "expertise" to help their "friends" reach a goal, whether it be in politics, business dealings or, yes, the real estate industry. I am someone they might think as weak and naïve so I suspect they view me as an easy target.
If you made it through this rather lengthy post, please consider sharing this with anyone who might be in same situation or who is experiencing frustration with selling their home. Or please share it to raise awareness in general. We have to break down this Texas good old boys network - its time has passed and we are in a new era of equality for all.
I will follow up with what happens next soon.