The Michigan Court of Appeals on Friday, Oct. 23, 2024, reversed a $1.55 million judgment that had been entered against Franklin Village seller Robert Blumberg, the result of a six‑year dispute with buyers Roger Lewis and Nicole Susser.
Lewis and Susser signed a purchase agreement for a Franklin Village home on Nov. 22, 2020, agreeing to pay $1.275 million. An inspection later uncovered major defects, prompting the couple to ask Blumberg to reduce the price by $150 000. Blumberg refused, and even after the couple lowered their request to $75 000 and then $35 000, the seller remained unmoved.
Feeling the sale was untenable, Blumberg canceled the contract on Dec. 6, 2020, but Lewis and Susser chose not to accept the cancellation and instead declared their willingness to proceed at the original price. The couple filed suit on Jan. 25, 2021, seeking enforcement of the agreement and a return of their $20 000 deposit.
At trial, the jury found the buyers had breached the agreement and awarded Blumberg the full purchase price, $255 000 in interest and the deposit, plus costs, totaling $1.55 million. The judgment also allowed the buyers a credit if the property sold to a third party.
The appeals court identified two procedural missteps: it ruled that evidence from settlement talks had been improperly introduced, and it noted that the jury was not properly informed of Blumberg’s prior anticipatory repudiation. Consequently, the court remanded the case to the trial court for reconsideration.
The lower court will now revisit the case, and the parties are expected to negotiate a fresh settlement or proceed to trial on the remand. The outcome will determine whether Lewis and Susser can recover their deposit or whether Blumberg will retain the full judgment.