Legal Question in Real Estate Law in Michigan

What can I do if we hired an inspector and sign a purchase agreement but now that I moved in we are having major issues? Is the inspector responsible or the real estate agent to make it right at their expense.


Asked on 8/01/15, 11:44 am

2 Answers from Attorneys

Stuart Collis Collis, Griffor & Hendra, PC

Maybe both. It depends upon whether the previous owner committed a fraud or not to determine if the prior owner is liable. However, most home owner inspectors have a clause in the contract that state that their damages are limited to the cost of the inspection.

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Answered on 8/01/15, 3:32 pm
Brad Lambert Lambert & Lambert PLC

My experience with these cases is that the seller of the property is the most likely liable party. I have handled many of these disputes. It is necessary to review the purchase agreement and the Seller's Disclosure Statement to determine the seller(s)' potential liability. You may have also had some conversations with the Seller that may cause the Seller to be liable.

I agree with the previous answer that pursuing the inspector is probably a waste of time. Indeed, the inspector may be a helpful witness for you. The Realtor could be liable but only if the Realtor had knowledge of the fraudulent behavior.

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Answered on 8/03/15, 6:34 am


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