Articles - Real Estate Fraud

ATTORNEYS NICHOLS AND EBERTH OBTAIN JURY VERDICT IN REAL ESTATE FRAUD CASE

After five days of trial, a Wayne County Circuit Court jury awarded the plaintiffs, our clients, a verdict which with interest and sanctions will result in a judgment in excess of $60,000.00. The case was tried by Mr. Nichols and Mr. Eberth. Ironically enough, our clients would have settled the case for the amount of the mediation evaluation which was only $13,500.00. However, Defendant was adamant that he was not liable. Our clients alleged that when they bought their home in Livonia from the Defendant, he lied when he stated in the Seller's Disclosure Statement that there had been no water damage to the foundation and further that he knew of no problems with the foundation. As it turned out, the foundation which consisted of cement pillars with wooden sill logs was almost completely rotted and crushed. Our clients were unable to inspect the foundation because the entrance to the crawl space was blocked with debris from a remodeled bathroom. The estimated cost of repair was about $22,000.00. After deliberating for about two hours, the jury found that Defendant had known about the crushed foundation and further, had intentionally lied when he failed to disclose the problem. As such, the verdict was based upon fraud which means it cannot be discharged in bankruptcy. In addition, our clients are also entitled to recover their attomey fees and costs as well as interest. After the verdicts, several members of the jury commented that Plaintiffs' expert along with the video tape of the damage was the most compelling evidence.

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NICHOLS & EBERTH, P.C.
22374 Garrison, Dearborn, MI 48124

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