Macomb, MI asked in Real Estate Law for Michigan

Q: Is a seller liable after closing for misstatements made on disclosure statement.

After closing on my home, but before moving in, my neighbor had his property surveyed. Among other things, there is a semi permanent structure built by the sellers husband, who is deceased, that the survey shows is encroaching on his property. On the Disclosure Statement, the seller stated there were no encroachment issues with the property. The neighbor states he told the husband he was building over the property line before the husband died. The neighbor wants the encroaching fixtures, including the semi permanent structure, removed from his property due to liability issues. Best guess is this will cost me several thousand dollars. Does the seller have any liability? I also found out the finished basement apparently had no permits pulled as required even though seller stated no work was done without permits. This could also cost a fair amount of money due to possible fines, licensed contractors to fix possible violations, etc.. Does seller have any liability for costs on this issue.

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1 Lawyer Answer
Michael Zamzow
Michael Zamzow
Answered
  • Grand Rapids, MI
  • Licensed in Michigan

A: Just going into the initial question in the title. It is possible you'll have some options. But, you'll want to talk to an attorney about your case, if any.

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