Now if the seller said that and I knew that he did not have peas or that peas do not grow in that garden or the soil was poisoned and he had built up an immunity to the Iocane powder that is running through the garden, then yes the liability would be there.

I am wondering if this is all result of normal settlement in older houses (built 1958, Kansas City soil is clay) or a bad repair project waiting to happen, I am an out of state investor and not trying to do any major renovations and will likely exit the deal if it seems to be a foundation issue that will require a couple thousand to resolve in the next 5-10 years or even sooner.

Foundation problems here are VERY common with our clay soils. 

@Jordan Sand  I use Mr Landlord, and their service allows you to report it to credit bureaus once it's 30 days late.  

Thanks for the tip Sandy - Did you go white on the walls?

Soil erosion Plan:1.

As you said Ryan O. seems that the appraisal ship has sailed so I would agree with Sandy Blanton strategy and make the buyers work it out for you.

In my area - no permits for roofs, siding (they stopped after hurricane sandy because too many people needed them…), no permits for replace in kind like kitchen cabinets with sink in same space.

I had the soil testing engineers out taking measurements and was about to begin the process for permits until I stumbled across another deal.I was at work talking with a co-worker and he was sharing about the passing of his father (RIP) and the headaches he’s experiencing with his dad’s house (house located in Vista, CA).

Landscape fabric works great for the first few years, but soil and seeds will quickly  settle in so you'll get weeds eventually.I had a bunch of weed infested rock at my house from a former owner's landscaping experiment.