Legal Question in Real Estate Law in Michigan

Re: Buyer is suing me for repairs after close date

You are not a guarantor of the condition of the premises. If you had no knowledge of any problems with the garage door, you should not be liable. For more info, please contact my office at (248)851-3171.

Re: Buyer is suing me for repairs after close date

The Seller's Disclosure Statement is geared to limiting certain fraud which could result from a failure to disclose certain known problems with the home. The failure to answer truthfully could be the basis for a claim against the Seller for fraud or for concealment of certain known problems.

If the door, opener, and remote were in working condition on the date of the closing, and if there was no change in the equipment or features since the date of the Disclosure, then it is difficult to determine what liability, if any, could be attributed to the Seller. On the other hand, if the equipment worked on the date of the Disclosure, failed prior to closing, and the Seller knowingly fails to disclose the problem at or prior to the closing, then the Buyer might claim that he/she relied upon the Disclosure and that the failure to report the problem was fraud by the Seller.

If the garage door aparatus did not originally come with a "reversal" system, then the Buyer cannot unilaterally impose that requirement. No law requires sellers to upgrade an older garage door opener system to include safety features offered on current models.

It will be necessary to review the Purchase Agreement to determine whether the house was sold "as is". Selling "as is" does not forgive fraud or error in the Seller's Disclosure; however, if no misrepresentation has been made, then the Buyer takes the house as it is at the time of inspection and closing (assuming no change since the time of the Purchase Agreement).

The Purchase Agreement might include an arbitration provision, which would prevent the filing of a lawsuit over disputes and claims. The parties then are limited to following a residential sale arbitration procedure which usually is less costly than a lawsuit. Both parties have the opportunity to present evidence, such as the purchase agreement, expert opinions, testimony, and other proof. The arbitration should take place at the house which is in dispute.

This response is not intended as legal advice. Your rights and obligations will depend upon the particular facts and circumstances affecting this matter. You should consult an attorney in your area to discuss all of the relevant facts and circumstances. No attorney/client relationship is created as a result of this response. I may be contacted at 248.788.8225.