Legal Question in Real Estate Law in Michigan

real estate - house water leak

My wife is a builder and built the home we are living in that is for sale. There is an outside storage room located under a raised concrete patio that has a water leak. Every time it rains water comes in at the corner of the ceiling where the room meets the house (enough to cover half the floor).

The room is adjacent to the lower level and is not accessible from the living area. The room has one door that leads outside, is not heated, has a cement floor with no drain (I was going to put a drain in but decided not to), ICF walls (insolated concrete form), and has lighting and an outlet.

Unfortunately, we may not be able to stop the water leak because we did not take the enough design precautions during the design and construction process.

When we get an offer we will have to disclose that this room leaks. I plan to say that the room was added after the construction started so we were not able to incorporate necessary fixes to make the room watertight. This is somewhat a true statement.

Do you see any problems with the way I plan to handle this issue?

Do you see any problems with selling a house that has a room like this that leaks?


Asked on 7/10/08, 10:04 am

1 Answer from Attorneys

Renee Walsh LawRefs Nonprofit

Re: real estate - house water leak

Yes. Practically speaking, you are not going to be able to sell the house unless you fix the leak. You must in any event disclose the leak and the breadth of any building code violations.

If you have any further questions or concerns, please contact me via my website at www.lawrefs.com.

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Answered on 7/12/08, 2:34 pm


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