Legal Question in Real Estate Law in Michigan

How to negotiate a settlement with a liable municipality

I own a house in Michigan, I asked the Water Company to shut off the water in Oct 2004. They NEVER did it. The water was still on in Dec 2005 when the pipes burst due to the pressure. This was not discovered until about 1 1/3 months later and there is water and mold damage everywhere... and the adjusters are hinting that they want to total the house (mold damage too entensive and expensive.) I was planning to retire in that house. It has been in my family over 50 years. Now I have no house to retire in. I was also planning on renting it out until I retire to build up a nest egg, so I now have lost property and lost rental income. I want them to build a new house and give me some cash for the hassle. They have admitted fault. I am afraid their offer will not be enough to rebuild. Where do I stand. What is my position. What should I do? If they had simply done there job and shut the water off when I asked, I would not be dealing with this type of loss. This house belonged to my grandmother, my mom and now to me. I was raised in this house and I cannot possibly replace the things that have been lost.


Asked on 5/10/06, 5:02 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Re: How to negotiate a settlement with a liable municipality

I cannot give you an answer to your question, since I practice in California, but I was born and raised in Michigan and if you give me the name of the county where the property is located I may be able to assist you in finding good legal help. If there was insurance in force, your insurance company may have either a right or a duty to handle any litigation with the water company, and you should explore that possibility as well as getting independent Michigan counsel to go to bat for you.

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Answered on 5/10/06, 8:54 pm


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