Q: Am I able to sue for damages of undisclosed fire damage in my home?
Hello, hopefully I can get some answers as local attorneys i've spoken with have told me I am out of luck. Approximately two years ago I purchased my first home. Last year when I went to replace drywall and flooring I discovered that my home was structurally unsound, even being condemned by the township. In short, the whole house was gutted except for two rooms and all fore damage had been removed and the downstairs and upstairs rebuilt. I am currently about $25k into this project and am no where near done. When I purchased the home this damage was not disclosed. But the listing did state that it was newly updated. Updates were made where this damage would have been discovered. Fire damage is also required to be disclosed in MI. I know I would need to prove the seller knew this was present. Is there anyway to gain some sort of compensation for these damages? Insurance has already told me no 5 plus times. Thank you in advance.
A:
Past fire damage is definitely something that a seller should disclose about their home if indeed the seller knew about the past fire damage and that it affected the structural integrity of the property (known structural issues are a line item on the disclosure form).
Under Michigan law, a seller is only required to disclose known defects about the home. I find it difficult to imagine that throughout the purchase transaction, no one was aware or disclosed that the home was condemned at one point due to the fire.
An experienced real estate attorney would need to see all of your transaction documents that include the purchase agreement, the seller disclosure form and supporting documentation and photos concerning the current damage. Learn more at: ProvenResource.com
Brent T. Geers and Michael Zamzow agree with this answer
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