Termite Lawsuit May Have Implications for Michigan Homeowners Wanting to Sell

LANSING, Mich. — When Richard and Stacey Roberts bought an old house for $475,000 on Michigan's scenic Leelanau Peninsula, they thought the home's other tenants were gone for good.

The previous owners indeed moved out of the house in Leland, northwest of Traverse City. But the Robertses contend the sellers left behind termites that caused enough damage to make the house structurally unsound.

The sellers, Robert and Joanne Saffell, did not report any history of termite infestation in their disclosure statement. About two weeks after the 2003 sale, though, the Saffells gave the buyers a tip sheet noting "a million" bugs would hatch in the spring.

The Saffells said a pest company had been called in the past. There was no way to avoid the insects, but they would not last for long, the couple told the new occupants.

When the bugs showed up the next spring, the Robertses hired a pest control specialist who determined they were termites. A year later, the owners filed a lawsuit against the sellers after a contractor hired to do remodeling work discovered in 2005 that the house was structurally unsound.

The case has made its way to the Michigan Supreme Court. What the court decides could leave sellers with more liability if something wrong is discovered after they sell a home. But it also could give wary buyers with a bit more protection from a house's risks.

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Source: Washington Examiner