Mich. Purchasers Lose on Claims of Sellers' Misrepresentation, 'Silent Fraud'

TROY, Mich. - A Michigan appellate court has affirmed summary judgment for home sellers and a real estate broker accused of injuring buyers by failing to alert them to prior mold contamination and refusing to turn over an existing environmental report prior to the sale. Huhtasaari v. Stockemer, et al., No. 256926 (Mich. Ct. App.).

Michael A. and Phyllis H. Huhtasaari sued Bruce A. and Rita J. Stockemer after discovering evidence of mold and mold-related damage to insulation, studs and plywood while renovating the house they purchased from the Stockemers in September 2002.

The Huhtasaaris paid for remediation and …