Q: Does Michigan real estate law have a resend option? What are the qualifications or parameters?
Elderly parents just singed to buy a home. Upon their first night stay, they experienced an overwhelming sewage smell throughout the house. The next day discovered why...the real estate agent did not disclose the issue ...and in fact covered it up with pine sol cleaner and open windows during the home inspection. What legal action can be taken to either get them out of that house or get the issue fixed at no expense to them
A:
I assume you mean rescind not resend.
No you cannot simply 'rescind' a completed transaction. You MAY be able to sue for damages especially if the agent of sellers took some affirmative actions to hide defects and failed to make appropriate disclosures in the paperwork, but you'd need to share the paperwork and issues with a licensed local real estate attorney to know what your causes of action might be and whether or not fixing the problem and suing for damages might not be a better option.
I assume you didn't get a lawyer to review the closing paperwork and inspection reports beforehand? This might have been easier to 'fix' before the closing, but there is likely still something that can be done assuming your can PROVE the failure to disclose was intentional ... and it may be the seller rather than the agent you need to sue.
Get that local legal advice and share ALL the information in private so you can get a real answer to this!
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
