Leaky Basement Misrepresentation


Question: The paperwork for our home stated that the basement did not leak, but we have found that it does. Are the sellers liable?

I have recently bought a home in Stevensville, Michigan. In the paper work from the Realtor it stated that my basement didn't leak. After moving in we had found out it does. We have contacted the realtor and they said they would get in touch with the sellers and tell them. Well, the sellers don't want to repair it. Can we sue them for misrepresentation? Please get back with me it would really be appreciated.

Answer: You may have a good legal case against the Seller. The Seller's Disclosure Statement is a form required to be provided by Statute. Sellers are to fill out the form to the best of their knowledge. If it can be shown that the Sellers knew or should have known that the basement leaked, then the Sellers would be liable. Technically, most Realtors represent the Seller in a transaction. Therefore, I would recommend that you hire an attorney in your area with a litigation practice to present your claim against the Seller.

Attorney: Mark Miller

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