February 3, 2005, Introduced by Rep. Hunter and referred to the Committee on Judiciary.
A bill to amend 1961 PA 236, entitled
"Revised judicature act of 1961,"
(MCL 600.101 to 600.9947) by adding section 2975.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec. 2975. (1) A person who knowingly rents, leases, or sells
improved real property that contains lead-based paint, toxic mold,
or asbestos without disclosing its presence is liable in a civil
action for damages and costs and fees as further described in this
section.
(2) The court shall award 3 times the amount of damages
sustained by the plaintiff as well as costs and fees associated
with an action brought under subsection (1) to a prevailing
plaintiff.
(3) As used in this section, "costs and fees" means the normal
costs incurred in being a party in a civil action after an action
has been filed with the court, those provided by law or court rule,
and the following:
(a) The reasonable and necessary expenses of expert witnesses
as determined by the court.
(b) The reasonable cost of any study, analysis, engineering
report, test, or project that is determined by the court to have
been necessary for the preparation of the party's case.
(c) Reasonable attorney fees.