Legal Question in Real Estate Law in Michigan
incorrect mls description
I purchased a home that was supposed to have city water and city sewer. After moving in Found out that it had septic. the MLS listing shows city water and city sewer. Both real estate agents were just as surpized as I that it was septic. Did some research from previous listings on the home which does septic. Septic was never pumped until I discovered the errors. Would not have purchased home had I known. There is talk that the township will be putting sewer in in a couple years. Can I go after the listing agent or selling agent or both.
1 Answer from Attorneys
Re: incorrect mls description
Although you may technically have a lawsuit for mispresentation against the listing agent, albeit unintentional, you will not be able to recover any money unless the property is worth less than you paid for it or appraises for less due to the septic field. Generally, counties and townships have very rigid inspection requirements for properties with septic fields and need septic clearances before the property can be sold. Was your septic field inspected prior to your purchase? Also, based on my personal experience with my own septic field, pumping the tank is recommended approximately every two years, but pumping less frequently is not necessarily harmful to the field.
Hope you enjoy your new home (I assume it's new to you if you just discovered the septic field), even if it does have a septic field.
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