Asked in Consumer Law and Real Estate Law for Michigan

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

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1 Lawyer Answer
Kenneth V Zichi
Kenneth V Zichi
  • Fowlerville, MI
  • Licensed in Michigan

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!

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