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Contracts Keyed to Barnett
Lenawee County Board of Health v. Messerly
Citation:
417 Mich. 17 (1982)
ProfessorMelissa A. Hale
CaseCast™ – "What you need to know"
Facts
In March 1977, the Pickleses purchased property from the Messerlys via land contract for $25,500, intending to use it as income-producing rental property. The property had previously been owned by the Messerlys and then sold on land contract to the Barneses, who later quitclaimed their interest back to facilitate the sale to the Pickleses. Several days after executing the land contract, the Pickleses discovered raw sewage surfacing on the property. After inspection and testing, the Lenawee County Health Department condemned the property as unfit for human habitation. The sewage problem stemmed from an improperly installed septic system that had been replaced without proper permits years earlier. The trial court found no evidence of fraud or misrepresentation by any party, as none were aware of the sewage problem. Expert testimony established that the property could not be made habitable without a prohibitively expensive “pump and haul” system that would cost more than double the property’s potential annual income, effectively rendering the property worthless.
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