Legal Question in Real Estate Law in Michigan
real estate
My daughter sold her house recently through an agent. Several weeks after the closing the buyers contacted my daughter saying that the hot water heater and dish washer weren't working well. They had been just fine before the closing. They also said that the garage door opener wasn't working either. My daughter had bought and given them a universal one before the closing and they were satisfied with that. There was also a small problem with the sump pump and my daughter had a repairman come to fix it before the closing. The closing went smoothly. There were no complaints from the buyers and all went well....until she received the letter about appearing in small claims court. My daughters agent was going with her but didn't show up. The buyer came with her father who did all the talking and the judge ruled for the buyer, even though there was never a complaint before closing and the closing went well. My daughter has appealed of course and has to return to court this coming wednesday. Can you give us any advice? I don't think they have a legal leg to stand on and also the buyer refused to have a home inspection and was very happy at the closing. There were no repairs called for at all. Thank you for any advice. Thanks
1 Answer from Attorneys
Re: real estate
(Please do not rely on this communication which does not create an attorney-client relationship and which is intended merely as a discussion of legal principles and is not to be relied upon.)
Latent defects must be disclosed by law. These are defects that the buyer would be unable to discover on their own. Defects that are seen with reasonable inspection do not need to be disclosed. If a buyer waives inspection, then they will be hard pressed to convince a judge to rule in their favor. However, if there were latent defects that were not disclosed that should have been, the seller will have a similar problem.
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