Bergen v. Baker

Plaintiffs appeal as of right the order granting summary disposition in favor of defendants 1 under MCE 2.116(C)(10) and the order denying plaintiffs’ motion for reconsideration. This action was filed after plaintiffs purchased a home from defendants in 2001 and then discovered a significant leak in the glass-paned roof of a sunroom, or alternately referred to as the hot tub room, that is attached to the back of the house. We reverse.

Plaintiffs filed a complaint sounding in fraud, negligent misrepresentation, and breach of contract arising out of defendants’ alleged failure to disclose the…