Grand Blanc, MI asked in Real Estate Law and Lemon Law for Michigan

Q: I bought a new construction home in June. I've had nothing but problems. Is there a lemon law for homes?

Cracks in walls, cracks in foundation/basement, shoddy craftsmanship, cupboards falling off the walls, water heater leaks, A/C unit not working, basement flooding after the cracks had been "fixed" with caulk. Was given 1 year warranty and the house is falling apart around me.

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Fowlerville, MI
  • Licensed in Michigan

A: There is not a 'lemon law' per se, however, there IS the possibility of proceeding against a builder's license IF ALL ELSE FAILS. (Note that caveat!)

You HAVE to give the builder the opportunity to repair issues, and provide appropriate notice before you can do anything else, but at THIS point what I'd recommend is you contact a DIFFERENT home builder / contractor who is familiar with the type of issues you are having, and get a 'second opinion' as to what is going on. Is the house REALLY 'crumbling around you?' Or are you just frustrated because there are 'lots of little things' that seem to be going wrong. When you work with natural materials like stone and wood, things happen that might not be obvious at first, but which develop over time. That is why reputable workmen give warranties -- stuff happens and they want satisfied customers.

That said, loo at http://www.michigan.gov/builders for licensing remedies, get that second opinion and SPEAK WITH A LOCAL LAWYER before you do or threaten anything. Let him or her see ALL the facts and provide a real opinion as to what is likely to happen and whether or not litigation or a license action at the state level is appropriate.

Hang in there!

-- This answer is offered for informational purposes only and does not constitute legal advice or create an attorney/client relationship.

I am licensed to practice in Michigan only. Please seek competent local legal help if you feel you need legal advice

David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: Hopefully your home was built by a licensed Michigan builder? That is where you need to start. Then have a real estate attorney review the provisions of your builder's agreement. You will need to support your allegations with evidence of poor workmanship: third party estimates, photos etc. See www.provenresource.com for more information.

Disclaimer: This answer is offered for educational purposes only and does not constitute legal advice or create an attorney/client relationship.

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