On 22 November 2020, Roger Lewis and Nicole Susser signed a binding agreement to purchase a $1,275,000 home in Franklin Village, Michigan, from Robert Blumberg. The couple paid earnest money into escrow, but a title search later revealed that Blumberg’s former wife still held an ownership interest, preventing a clear transfer.
When the buyers learned the defect, they halted the sale and sought a refund of their deposit. The case moved to Oakland Circuit Court, where a jury found in favor of Blumberg and awarded Lewis and Susser $1.55 million in damages for breach of contract. The defendants appealed, arguing that the trial judge erred in admitting settlement discussions and in instructing the jury.
The Michigan Court of Appeals, led by Presiding Judge Michael F. Gadola, unanimously concluded that Rule 408 evidence was improperly used, depriving the couple of a fair trial. The panel also held that the jury was misled about the seller’s obligations under the contract, citing established Michigan real‑estate law that allows a buyer to be excused if the seller repudiates the sale. As a result, the appellate court overturned the damages award and remanded the case for further proceedings in line with its findings.
Lewis and Susser, who were preparing to expand their family, now face a new court hearing scheduled for the following month. The decision underscores the importance of thorough title verification before a real‑estate transaction closes.