Legal Question in Real Estate Law in Michigan

I just moved into a new home. We originally had a clause in the contract granting the sellers occupancy due to the short time between signed PA and the date we wanted to close. However, the close date got pushed back, so we told them we would close whenever they could be out. They refused to vacate before closing, saying 'no matter when you close, we are going to stay in the home for a day or two after'. So we were unable to do a walk through of the vacant home before we closed. They paid us rent for the one day they stayed after closing. We believe they wanted to stay to cover up some issues with the home, one of which is a damaged carpet in the master bedroom that will cost at least $1,000 to repair / replace. There were also inaccuracies in the sellers disclosures. What type of recourse do we have? Thank you!


Asked on 7/21/10, 6:11 am

1 Answer from Attorneys
Shelly Schellenberg MI & FL private practice

You don't state how the seller "covered up" the damaged carpet. Did you do a home inspection as part of your contract? Was the carpet damaged at the time that you inspected the property? Are the inaccuracies in the seller's disclosure items that are defects that would impact the value of the property or the habitability of the property? Are these items that the home inspector noted?

If the contract spelled out the seller's right to occupy for 2 days after closing, then they had the right to stay, regardless of when the closing took place. The terms of the contract should have been explained to you by your Realtor. Did you hire a "buyer broker" to represent you in the purchase of the home? Did you hire a licensed inspector to inspect the property? Those persons could testify as to the condition of the carpet when you purchased the home, and could help you to get a settlement from the seller for damaging the carpet between the date you inspected the home, and the date they vacated. If you purchased a for-sale-by-owner, and had no expert help in the transaction, it will be difficult for you to collect against the seller. If you provide more details to a lawyer, he/she will be able to determine whether or not you have a case for the carpet and other issues covered up by the seller.

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Answered on 8/04/10, 6:43 am


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