What recourse do I have after the house closing?

UPDATED: Sep 30, 2022

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What recourse do I have after the house closing?

The real estate listing boasted tons of
granite counters. After closing on the
house, it was discovered that the
counters are not granite at all.
Instead, the counters are a painted
faux granite.
This was one of the highlighted
features of the house in the real
estate listing and one reasons we
bought the house at its selling price.
Is the previous owner responsible for
the mistake in the listing? How could
we attempt to be compensated? Would it
be worth it to hire a lawyer?

Asked on August 15, 2016 under Real Estate Law, Michigan


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The seller has very likely committed fraud, since he very likely knew or reasonably should have known that the counters were not granite: fraud is knowingly lying about a material, or important thing, to get the other party to do something, when it was reasonable for the other party to rely on that lie or misrepresentation. Fraud provides a basis for a lawsuit; you could potentially sue to recover the difference in value between the painted faux and real granite countertops. Whether it is worth hiring a lawyer depends on how much money that might be; a good rule of thumb is that if the amount equals or exceeds the limit for small claims court, hire a lawyer; if under that limit, it may make sense to sue in small claims on a "pro se" (as your own attorney) basis.

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 AttorneyPages.com 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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