Legal Question in Real Estate Law in Michigan
Non-disclosed foundation problem
Our home has a mostly finished basement. We purchased it about 18 months ago. The home was built by its previous owner about seven years ago.
About a month ago we noticed leaking coming from under the drywall. We removed some sections of drywall to discover that the foundation had been patched along what appears to be a crack running from bottom to top. The patched areas are ''sweating'' water, leading to the leakage at the base.
On the disclosure statement, the previous owners indicated no knowledge of either water leak problems or foundation issues. In Michigan would we have any legal recourse? Thanks in advance for advice!
2 Answers from Attorneys
Re: Non-disclosed foundation problem
Careful...
In order to establish a claim of silent fraud, there must be evidence that the seller made some sort of representation that was false. The Court of Appeals in "Shimmons" held, that the seller had
knowledge of the defect and failed to disclose it is not enough; rather, the seller must make some type of misrepresentation. A
misrepresentation need not necessarily be words alone, but can be
shown where the party, if duty-bound to do so, intentionally
suppresses material facts to create a false impression to the
other party. See e.g., Wolfe v A E Kusterer & Co, 269 Mich 424; 257 NW
729 (1934).
YOU NEED TO CONSULT WITH AN EXPERIENCED LITIGATOR/ATTORNEY AND DO A DETAILED PREP OF THE CASE...
Yours truly,
Francois M. Nabwangu, Esq.
http://fnabwangu.googlepages.com
Re: Non-disclosed foundation problem
Yes, you would have recourse because by law the previous owners were required to disclose latent defects and a crack in the foundation would be a latent defect. If you would like representation in the matter, please do not hesitate to contact me via email at [email protected] or visit my website to find out more about me.
You always need to act in a timely manner in order to avoid losing the chance to make a claim.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
