Marc and Brenda Bertorelli and their company, Marc Bertorelli Builders,

Marc and Brenda Bertorelli and their company, Marc Bertorelli Builders, joined together to purchase a condominium. Their goal was to purchase properties and then turn around and sell them for a profit. The condominiums (lofts) were part of what had once been an abandoned factory. The factory had been contaminated with trichloroethylene, and, in the process of converting it into condominiums, a vapor barrier was installed, but the site was never properly decontaminated.

The Bertorellis and their company sold the condominium they had purchased to the Alfieris. The Alfieris were led to believe by Marc and newspapers clippings that he produced that the condominium had been decontaminated. The site later turned out to be seriously contaminated.

The Alfieris brought suit against Marc, Brenda, and their company for silent fraud and negligent misrepresentations.
Brenda and the building company argued that they were not liable because they had not made the representations about the decontamination. The Alfieris have argued that the Bertorellis were operating as a partnership and all of them were, therefore, liable. The Bertorellis say that they have no partnership agreement. Discuss the issues and liability of the parties in this case. [Alfieri v. Bertorelli, 813 N.W.2d 772 (Mich. App. 2012)]

Partnership
A legal form of business operation between two or more individuals who share management and profits. A Written agreement between two or more individuals who join as partners to form and carry on a for-profit business. Among other things, it states...

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