Do I have a case for misrepresentation regarding the removal of a shed from my property?

I bought a house i2 years ago and in our selling agreement I asked the septic tank be up to code. However, it came back not up to code so the seller was responsible for replacing the system. This couldn’t be done until spring but we closed on the house and I owned it and they would put to have the septic put in later. When spring came along the person they hired to do the septic tank started working on it providing us with no information about what they were doing because we weren’t paying them. Now we had a shed in the back yard, a really nice one, costing probably close to $3,000. I was told that they wouldn’t be able to move the shed and they would have to demolish that. I am no expert on sheds so I believed them. They took the shed and that was the end of it. Now fast forward to now I heard from someone who worked on our spetic tank that the owner took our shed and put it up at his house. I am wanting to take this to court but it’s kind of he said she said. My husband and I both heard them tell us it couldn’t be moved and I have texted to my realtor but nothing in writing. Also, the seller told them to take it which at this point was not their property If I took this to court to I have any chance at winning? I just want the shed back or the money for the shed. I thought it had been demolished. What they did was so sketchy.

Asked on September 27, 2016 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If you have evidence or proof that they have the shed--which can be the testimony of a witness who personally saw the shed moved to or at their land, BUT that witness would have to appear in court and testify, since you can't, under the rules of evidence, testify as to what someone else told you outside of court; or a photo you took of the shed on his property--you may be able to sue for "theft by deception," or stealing by tricking you. For a $3,000-ish shed, a good option is to sue in small claims court, acting as your own attorney, or "pro se," to save on legal fees. They key is, you need proof or evidence, not rumor or out-of-court hearsay.


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