Real Estate Law USA.com

I purchased a new "market home" 3 months ago. The builder built the home and sold it to me. We do have the 1 year builders warranty on the home but have found that during construction the foundation walls in the basement were cracked ( 9 feet long 1 inch wide). This was discovered when we had to have the foundation walls repaired again for another crack just as long but only about 1/4 of an inch wide. We feel that the builder should have disclosed to us the previous defect but told us that builders do not have to disclose this information, but I will have to when I sell the home. I am looking to see if anyone out there knows the laws in this state. I spoke to the real estate commissioner in our state and was told that if it is a defect than it has to be disclosed but if it is repaired than it is no longer a defect so it did not have to be disclosed to me. On the other hand if I sell the house I have to disclose the defect even though the crack has been repaired because it is still defective according to the law. I am so confused that I am looking for help. I have contacted an attorney and was told the same thing I have a case if I can prove it was a defect actually existed and that it was in fact a defect.