Legal Question in Real Estate Law in Michigan
My home and my neighbors home were built at the same time 7 years ago. Both of our homes basement tile (drainage) systems are failing and need to be replaced or we risk foundation damage from standing water. Can we go after the builder for improper installation or the township for not properly inspecting an item that is required to be inspected before the basement floor is poured?
1 Answer from Attorneys
There is typically a six year statute of limitations on certain claims against residential builders but Michigan has the Discovery Rule which can toll this time period. This means if the defect was hidden the Statute of Limitations does not start to run until the defect is actually discovered. If the claims are not time barred then you can sue for breach of contract, breach of implied warranty of habitability, negligence and possibly violation of the consumer protection act, whcih would give you attorney fees. As for the Township, they have governmental immunity and can only be sued for gross negligence which is unlikely. Aldrich Legal Services, PLLC specializes in Real Estate law, along with Bankruptcy, Probate/Estate Planning, Commercial Transcations, Family and other areas of law. If we can be of service to you please visit our website at aldrichlegalservices.com or call us directly at (734) 404-3000
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