Legal Question in Real Estate Law in Michigan

Re: Who is responsible?

I would still believe the insurance company should pay for the damages, but I would have to read your policy carefully. The realtor may also have some responsibility also, if insurance doesn't cover. Please visit www.kliszlaw.com to discuss further. Tim Klisz

Re: Who is responsible?

you as the owner are responsible for ensuring that the utilities and the house are maintained properly (utilities paid timely, heat is on, etc.) so that damage does not occur. if you are not able to physically do this yourself since you reside elsewhere, then you'd have to hire someone else to monitor it and take care of it. Unless your realtor agreed to take on this responsibility, he/she is not liable for the damages you explained above (check your contract).

your homeowner's insurance likely contains an exclusion for damage that occurs to the house when it has been unoccupied for more than 30 days, unless you specifically obtained a different policy, as that is the standard policy language. if your insurance agent knew the property was not occupied and gave you the wrong policy, then you may have a cause of action against them for failing to give you the proper insurance which resulted in the denial of your claim, if you can prove that they knew the property was going to be unoccupied.

the specific law that applies is the law of the state where your property is located, so you may wish to consult a lawyer that lives in that state/county, as each state has different laws, and the above information is Michigan law and/or a general guideline based on the info contained in your question.