July 2023

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

Think Twice About the Mice—Failing to Disclose Property Conditions under the Seller Disclosure Act

By Erin R. Cobane, Dickinson Wright PLLC

Kondrat v. Servitto, unpublished per curiam opinion of the Court of Appeals, issued March 26, 2019 (Docket No. 341990), involved the sale of a home by the defendants, who failed to disclose certain conditions of their property in their Seller Disclosure Statement (SDS). The Kondrat court concluded that the trial court had wrongly granted summary disposition of the plaintiff homebuyer’s claims for silent fraud, fraudulent misrepresentation, and negligent misrepresentation.

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The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.