Can I sue a home sell for non disclosure of delaminating ceilings?
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Can I sue a home sell for non disclosure of delaminating ceilings?
We purchased a new home for us on January 4th, 2019.
We removed a ceiling fan that had cracks shooting outwards
from the base and 3 inch screws holding the fan up through
2 layers of drywall. Come to find out almost every ceiling
is bowing downward towards the floor. He obviously
repaired 2 of the 11 rooms but hid the 2 worst ceilings
with ceiling fans. The inspector did not check the
ceilings although the home was built in 1979 and the
double layer of drywall was common but also delaminated.
Can I sue for not disclosing this major defect in the
home?
Asked on January 29, 2019 under Real Estate Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the house had you known the condition of the ceilings.
Your damages (monetary compensation you are seeking in a lawsuit) for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
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