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Property sold to me under false pretenses. The realtor was…

Property sold to me...

Property sold to me under false pretenses. The realtor was also the owner and told me the water supply in the house was potable. It also came to my attention after reading the disclosure forms that a letter was missing that had been written from the Michigan Environmental Quality Department that I've obtained from the Lenawee County Health Department describing the quality of the water as unpottable.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No I've only gathered these missing files.

Lawyer's Assistant: Have you talked to a MI lawyer about this?

I can't find one in Lenawee county that doesn't have a conflict of interest.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Ive had my own private testing of the water and it is the worst water he's ever tested. I would like the realtor to buy the house back plus compensate me for all of the upgrades i did on the house.

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Answered in 2 minutes by:
3/21/2018
legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,703
Experience: Just Answer consultant at Self employed
Verified
I am sorry to hear this. When was the purchase?
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Customer reply replied 4 months ago
My late wife and I purchase back in April of 2013 but she passed away 3 months later I haven't lived in the house very much in the last 4 years
Customer reply replied 4 months ago
I am on my way to work in a few minutes so I would just like to follow up with you later in the day if you could just tell me if I have a very good case based on what I've already submitted to Just Answer.
I will review the information and respond shortly and you can check back at your convenience
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Customer reply replied 4 months ago
Thank you Talk to you later today I hope.
Customer reply replied 4 months ago
I will check my e-mail for that answer later today then?

Yes the site will send you a link back to this page; I am working on this now.

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Thank you;

so pursuant to statutes(###) ###-####and .5807, the statute of limitations for breach of contract (which includes claims for not delivering property as represented) and for fraud based on contractual transactions is 6 years from the date of the transaction (or 6 years from the date of discovery of the issue, after the exercise of due diligence).

The requirements for fraud is:

1. defendant made a known misrepresentation (even if there is an as is clause)

2. The defendant knew and intended for plaintiff to rely on the misrepresentation

3. The plaintiff reasonably relied on the misrepresentation

4. Damages resulted

Generally the damages are reimbursement for rectifying the issue; if the issue cannot be rectified the court may void the transfer.

With real estate transactions if there is any way to remedy the situation that is preferred over voiding, given the unique nature of real estate.

If the contract is voided the court will determine an equitable remedy, the goal of being to restore the plaintiff to the position s/he would have been in but for the breach/misrepresentation which may include compensation for improvements.

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Customer reply replied 4 months ago
I have a letter from the MEQD in reply to an original denial of the well water tha Lenawee heath department had requested of the existence I wasn’t made aware before the final payoff I’m also having a second water treatment system being done for an estimate if the water can even feasibly or economically be usable. If I hired you to represent my interest how much is your fee?
Customer reply replied 4 months ago
I could scan and send you these files later today

Unfortunately per the terms of the site I am not permitted to contact customers outside of this forum.

Any information one has to help prove the defect (nonpotability) will help establishing that a material fact was misrepresented.

The court may require testing by a court approved lab as well should the matter proceed to litigation.

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Customer reply replied 4 months ago
Then I am not going to be able to retain you even through this forum?

no, we only provide information not legal representation.

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Customer reply replied 4 months ago
Thank you then it’s been helpful

You are most welcome!
Good luck to you -take care.

legalgems
legalgems, Arbitrator
Category: Real Estate Law
Satisfied Customers: 13,703
Experience: Just Answer consultant at Self employed
Verified
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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