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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53698
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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We recently purchased a home in Michigan and received a signed

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We recently purchased a home in Michigan and received a signed disclosure statement from the sellers stating that they had no knowledge of any basement leaks. We have been in the home for two weeks and noticed that the basement has leaked during each rain event. These leaks are blatantly obvious as soon as you enter the basement. Our inspector was not able to thoroughly inspect these areas due to "stored items in the way". Several areas show signs of attempted repairs. Do we have any legal recourse for repairs.
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. Yes, you do have recourse here. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the property. This clearly qualifies as something that should have been disclosed. You should send them a certified, return receipt requested letter detailing the situation and demand that they pay the costs of repair in total within a short specified period of time. Inform them that if your demand is not timely complied with, you will have no choice but to file a suit against them for your damages. Be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as a deceptive trade practice action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit.

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