Is there legal actions I can take about undisclosed issues with new home purchase?

UPDATED: Oct 2, 2022

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Is there legal actions I can take about undisclosed issues with new home purchase?

Purchased a new home in the past 9 months. Noticed a leak which led to finding major roof damage and ultimately I will have to replace the roof. The total cost will roughly 20k. The inspector did not disclose nor did the seller. What actions, if any, can I take?

Asked on August 7, 2019 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If there is evidence (you need evidence, since you'd have to prove your case) that the seller knew of the roof damage but concealed it from, you could sue the seller for "fraud": for lying about an important issue (since there is a duty to disclose important issues, not disclosing them is functionally the equivalent of lying). In the lawsuit, you could get the repair costs--that is, any portion not paid for you by insurance.
The key is, the seller must have himself known of the damage: it is not fraud to not disclose things of which you are unaware, since it is not a lie.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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