Legal Question in Real Estate Law in Michigan

I bought title insurance when I bought my home November 2008. It is now 2011. The previous owners advertised the home as built in 1940. I have discovered through extensive research the abstracts and that the home was built in 1859. Who is responsible for this? The complete structure of the home needs to be updated.


Asked on 4/06/11, 3:39 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

First, you probably purchased a title insurance policy for your lender. The Seller probably purchased an Owner's policy for you.

Second, Your title insurance policy does not guarantee the condition or the age of the house. Title insurance only protects you against adverse claims of ownership by another party and against liens, other than your mortgage or recorded interests.

Third, The home inspector that you hired, before you closed the deal, should have been able to tell you about the condition of the structure. When the buyer-broker that you hired to represent you in the transaction went to the city or county, to confirm the MLS and city/county information, this should have also indicated what year the house was built. If the age of the home was a major consideration in your purchase, the attorney that you hired, before you closed the transaction, would have also been able to confirm the age of the home.

Fourth, if you didn't hire any of these people to perform the due diligence, that you failed to do yourself, before you closed the transaction, then YOU are the only party responsible.

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Answered on 4/06/11, 5:16 am


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