Legal Question in Real Estate Law in Michigan

we purchased a fannie mae home in July only to find out a week later that it does not have a usable water source. The sodium content in the well is so high that even a commercial sized reverse osmosis system cannot handle it. We do not have the option of digging a pond for water use due to the size of our lot. The previous owners knew about the situation due to the fact they were replacing appliances on a monthly basis due to salt damage (heresay). Is there anyone we can hold responsible for not disclosing this information? We are now going to attempt to dig another well hoping to find some usable water.


Asked on 8/26/10, 3:56 am

1 Answer from Attorneys

Shelly Schellenberg MI & FL private practice

You should have been given an opportunity to have the water tested, in addition to an inspection on the entire premises, in addition to making inquiry at the local government about zoning, ordinances or other issues unique to the area. A water test/inspection/inquiry would have alerted you to the bad water. If you hired a buyer-broker, that person should have made the inspection period available, and written this into your contract, and advised you to do this. If you were given the opportunity, but you decided that you didn't need the inspection, or didn't want to spend the money, then the only person your can hold responsible is yourself. Fannie Mae did not live in the home, and is selling thousands of homes that it knows nothing about. Buying a "cheap home" due to the economic meltdown without an inspection is "buying a pig in a poke". All home purchasers should have an attorney review their purchase agreement BEFORE they sign to protect their interests. At the very least, hiring a Realtor who is a buyer-broker would have protected you against this problem.

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Answered on 8/31/10, 4:51 am


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