Expansive Soil in HuttoParke
Expansive or unstable soils, as the name implies, are soils that swell when exposed to moisture and shrink as they dry. Expanding soils can exert pressures as much as 5,500 PSF, which can do considerable damage to family homes.
Problems often associated with homes built on expansive soils include:
- Foundation cracks
- Doors and windows that do not open and close properly
- Cracking of internal and external walls and slabs
- Heaving and cracking of sidewalks, driveways and roads
- Collapsing or buckling of fences
Our clients in HuttoParke have experienced problems associated with expansive soils.
Lennar knew that the soil in the development was highly expansive. Unfortunately, Lennar did not reveal to our HuttoParke clients that their homes were built on expansive and unstable soil. To the contrary, Lennar and its agents, repeatedly represented that the homes were not built on unstable, expansive or collapsible soil.
Many of our clients who purchased homes from Lennar in HuttoParke qualified for HUD/FHA insured mortgages. Federal law requires that the home builder (Lennar) complete a form entitled Builder's Certification of Plans, Specifications, & Site. The builder or builder's agent must disclose "Foreseeable Hazards or Adverse Conditions." Question 1 (f) (2) asks the following:
Does the site have unstable soils (expansive, collapsible, or erodible)?
Lennar repeatedly answered "No" to this question despite knowing the soil in HuttoParke was unstable and expansive. To see examples of HUD forms completed by Lennar in HuttoPark, click here.
Our position is that Lennar, by not disclosing to potential home buyers material information relating to the soil, is guilty of statutory fraud under Texas law.
If you believe the builder who sold you your home failed to disclose that it was built on expansive soil, contact our office for a free consultation.
