Almost every new home has at least one foundation crack so this is not normally a problem at resale. Cracks can be injected and repaired.
You are also entitled to "see if the crack leaks" by conducting your own Water Test as per Tarions instructions.
I posted the info below a few years ago on how to do it but you should confirm that the instructions have not changed with Tarion.
New Home ?? Foundation Crack ?? Why not do a "Water Test". Your new home has a foundation water leakage warranty for 2 years, yet your foundation warranty for cracks under 6mm wide (1/4 inch) is only covered for one year. Even hairline cracks in foundations can leak. If your new home is under 2 years old, and you are aware of a small crack or two, then why not protect yourself and do your own Water Test. If it results in a leak, then your builder will likely be required to fix the crack for you, even if it is to small for the one year coverage. Doing your own Water Test will force your house to reveal foundation problems while you still have warranty coverage.
The 3 paragraphs below are from the Tarion Construction Performance Guidelines Appendix 5. It is vital if you are going to do your own Water Test that you follow the guidelines exactly. Your builder WILL conduct his own test to confirm your results before he spends any money repairing the crack.
How to Conduct a Water Test A water test shall be performed to confirm water leaks, both above and below grade. Above grade the intent is to simulate an average, wind-driven rainfall but should never be done using full pressure in a single-stream or pressure-altering device such as a pressure washer. This can force water through building assemblies and flashings not intended for high-volume or high-pressure water saturation. Below grade the intent is to simulate natural water flow around a foundation caused by rain or snow melting where the water may inadvertently be directed towards the foundation wall. Water penetration is considered to be bulk water coming into the basement or accumulating near the point of entry, or dampness on the wall appearing as a result of the test, but excludes dampness caused by condensation or other causes.
Above Grade Test Use a standard garden hose and sprayer attachment. The sprayer attachment should be set on shower or other similar dispersal pattern. Spray the area to be tested for not more than 10 minutes from a minimum distance of 2 m. Have another person checking inside for the point of origin and the length of time it takes for water to appear. Areas to be investigated should be kept dry prior to the test.
Below Grade TestUse a standard garden hose with no attachments. The hose bib should be set at about half flow to simulate melting snow or rainfall. The water from the hose is to be directed along the face of the foundation to allow the water to run parallel to the wall, at grade, finding its own way down the
exterior of the wall to the perimeter foundation drains. Run the water for not more than 20 minutes checking periodically for water penetration. Identify the location and the point of entry of any water (crack, tie rod, snap tie, honeycombing) and the length of time it takes for water to appear.
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