Ramifications of Failure to Disclose Contamination

A recent Michigan Court of Appeals decision illustrates the ramifications of failure to fully disclose the presence of hazardous substances prior to the sale of real estate. The case of Alfieri v Bertorelli, — N.W.2d —-, 2011 WL 4949671 (Mich.App.) involved a condominium project built on a site previously used to manufacture pipe organs and picture frames. It also housed a cyanide based metal plating operation. (more…)

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Alfieri v Bertorelli Update

On January 10, 2012, the Court of Appeals entered an Order vacating its prior opinion of October 18, 2011. Accompanying the Order was a new opinion. That opinion is identical to the prior one with the exception of minor changes to the Court’s analysis on whether it was proper to provide a jury instruction on comparative fault. (more…)

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