Legal Question in Real Estate Law in Michigan
I closed on my new home July 13 2016 moved in the 17th. We started having floods in my basement approximately on the 20th. Weeks later after much mystery, on approximately the 1rst of August 2016 We realized it was caused by a plumbing issue.I have a useless home warranty who has denied authorization to have work done due to a speculative comment from a plumber. There were no disclosures of any kind except a lead base paint disclosure. I am living in a water & sewer nightmare that is unsafe! The main drain stand pipe is rusted and deteriorating and has been leaking from every water source in the house since we moved in and began using the facilities... The floor drain and sewer stop is also deteriorated and completely broken... It allows raw sewage to back flow into the basement floor. After numerous flood clean ups and two different plumbing companies investigation... Bottom line raw sewage has be coming up through floor drain regularly since The 20th of July. These conditions are considered bio- hazard.. One of my family members has Chrones Disease and serious sensitivities.. The smells are unbearable and it is affecting everyone's health and well being. What recourse do I have for this clearly coved up, undisclosed plumbing disaster? The home warranty states it covers pre existing undetected issues. The Insurance company has denied authorization for the complete removal of all basement level old plumbing and replacement with new pipes and has stonewalled me! Since the 20th of July..#1 unable to use the bathroom toilets, sinks, and showers.
#2 unable to use Dishwasher and kitchen sink.
#3 unable to use the washing machine. We cannot safely reside in these conditions. I am facing expenses I cannot afford... I need some legal advise.. Any suggestions will be helpful Thank you!
1 Answer from Attorneys
When you say there are no disclosures of any kind, I presume you did receive a Seller Disclosure Statement from the Seller and they disclosed nothing on the plumbing leaks. If that is the case, the Sellers are thus potentially liable for these problems due to non-disclosure. To our experience, Sellers are usually aware of house defects which become obvious so quickly. A demand could be sent with a potential lawsuit to follow if they don't satisfy the demand.
As for recovering from the home warranty, it wouldn't be surprising that it does not cover this repair, since they are very limited. I'd have to review the warranty to be sure.
If you wish to pursue legal recourse with our assistance, you can contact me at (248) 642-7774 or [email protected].
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