Expert Advice When You Need It Most

Real estate laws in MI state, buyer's right for seller's false statement in purchase and sale agreement

Asked over 3 years ago - Rockford, MI

My husband and I purchased a home in the state of Michigan it closed 6/08 during the process our home inspector and myself noticed 2 stains on the ceiling we asked the seller who gave us a statement that there are no problems with the roof nor has been and has never been fixed come to find out now that its raining it is a leak and has been previously repaired there are also several other leaks in the roof and mold do we have any recourse had the seller been honest we would have hired a licensed roofer to examine the roof and had we known the problems never purchased the house, the seller also saw the stain he touched it up with paint

r.michigan

Flag

Save

Share with:

Attorney answers (1)

Timothy A. Dinan

Reputation Level 10

Answered over 3 years ago. Real Estate Attorney in Detroit, MI.

Flag

Michigan has two legal approaches to purchasing home. The 1990 Seller's Disclosure law requires sellers of residential real property to provide specific disclosures about enumerated problems including roof leaks, infestations, mold, etc. to the best of their knowledge. Michigan also recognizes the legal maxim of Caveat Emptor (Latin), Let the Buyer Beware. The fact you spotted the problem during your inspection put you on notice of the problem. Depending on the terminology of your purchase agreement, you could have withdrawn your offer or modified it to require the repair.

In short, your legal remedies would probably not be cost effective and you would be better off spending money you would have put into a lawsuit into roof repair.

Mark as good answer

Add comment