fraud small-claims-court
Can I sue in Michigan small claims court for misrepresentation on a sale?
<p>According to <a href="https://www.courts.michigan.gov/siteassets/forms/scao-approved/instdc84.pdf" rel="nofollow noreferrer">https://www.courts.michigan.gov/siteassets/forms/scao-approved/instdc84.pdf</a>:</p>
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<p>If your damage is the result of an intentional wrongdoing, such as fraud, libel, slander, malicious destruction of property, or assault and battery, you cannot bring your action in the small claims division of the district court unless the wrongdoing is for a dishonored check, consumer protection violation, or recreational trespass.</p>
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<p>I made a purchase in which I later discovered the sellers had concealed damage in need of repair. Sellers are individuals, not a business. Is this classified as fraud for which I cannot seek restitution in small claims, or is there any technicality on which this case might be accepted at small claims court in Michigan?</p>

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<p>Can I sue in Michigan small claims court for misrepresentation on a sale?</p>
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<p>Yes. <a href="https://casetext.com/statute/michigan-compiled-laws/chapter-600-revised-judicature-act-of-1961/subchapter-chapter-13-jurors/subchapter-chapter-84-small-claims-division/section-6008401-small-claims-division-creation-judge-jurisdiction" rel="nofollow noreferrer">MCL 600.8401</a> limits only the amount of money that can be recovered in Small Claims proceedings, not other elements underlying the claims. See <a href="https://www.leagle.com/decision/1989984179michapp8051894" rel="nofollow noreferrer"><em>Kerekes v. Bowlds</em>, 179 Mich.App. 805, 812 (1989)</a> (&quot;<em>The purpose of the small claims division is to facilitate the resolution of disputes involving small sums.</em>&quot;).</p>
<p>Even if ones reads into <a href="https://www.leagle.com/decision/1991683188michapp4951628" rel="nofollow noreferrer"><em>Kaiser v. Smith</em>, 188 Mich.App. 495, n.1 (1991)</a> a prohibition of claims of fraud in Small Claims court, your matter appears to be a contract dispute regardless of whether fraud could be an alternative claim. That is because &quot;<em>[A]ccompanying every contract is a common-law duty to perform with ordinary care the thing agreed to be done, and . . . a negligent performance constitutes a tort as well as a breach of contract</em>&quot;, <a href="https://www.leagle.com/decision/inmico20091023266" rel="nofollow noreferrer"><em>Webb v. David Eric Williams, Inc.</em>, (COA, unpublished, 2009)</a> (citations omitted). <a href="https://www.leagle.com/decision/19961413550nw2d86311359" rel="nofollow noreferrer"><em>Schomaker v. Armour, Inc.</em>, 550 N.W.2d 863 (1996)</a> reflects an instance of a claim of breach of contract that was decided in Small Claims.</p>
<p>Something to bear in mind is that &quot;<em>a party appearing in small claims court waives the right of appeal</em>&quot; unless the case is decided by a magistrate. See <a href="https://casetext.com/statute/michigan-compiled-laws/chapter-600-revised-judicature-act-of-1961/subchapter-chapter-13-jurors/subchapter-chapter-84-small-claims-division/section-6008427-conduct-of-small-claims-hearing-by-district-court-judge-or-magistrate-appeal" rel="nofollow noreferrer">MCL 600.8427</a> and <em>Schomaker</em>.</p>
