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Questions Answered by Michael Zamzow
1 Answer | Asked in Consumer Law, Products Liability and Lemon Law for Michigan on
Q: We bought custom furniture in April 2021. It was delivered October 19,2021. Within a week we notice a squeaky noise

Repair service came out and agreed there was a problem. Supposedly they order a part. Nothing has been done as of January 17, 2022. Can we demand a refund?

Michael Zamzow
Michael Zamzow answered on Jan 17, 2022

Likely depends on the purchase agreement, company policy, as well as the status of the part that was ordered. Demanding a refund and getting a refund are two different things, and being custom furniture, your question requires a much deeper than typical contract analysis to get a closer answer.... Read more »

1 Answer | Asked in Employment Discrimination for Michigan on
Q: Employer is forcing non vaccinated employees to be tested weekly, but not those who have had the shots can they do this
Michael Zamzow
Michael Zamzow answered on Jan 17, 2022

Probably.

The State of Michigan in its COVID-19 Employment FAQ has said "Employees may be asked by employers to provide proof of a positive result or exposure. This may include documentation or making an effort to get tested for COVID-19. These are examples of reasonable...
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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: how much can a landlord legally raise rent in a mobile home park?

there is no lease agreement and he is trying to raise the rent $30.

Michael Zamzow
Michael Zamzow answered on Dec 7, 2021

Well in a mobile home park, the landlord tenant rules are sometimes slightly different, because generally landlords are required to have "just cause" to terminate your tenancy. If the landlord is using a rental increase to effectively terminate your tenancy without just cause that could... Read more »

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2 Answers | Asked in Traffic Tickets for Michigan on
Q: Can an officer pull me over in my own subdivision(private property) for speeding? Should I fight it?

He dropped it down to impeding traffic but the ticket cost is high. There are no speed limit signs posted on the side of the road I was driving, only on the opposite side in which I can’t see going the opposite direction. The speed limit is 15 mph and I was going 22 mph according to him.

Michael Zamzow
Michael Zamzow answered on Oct 28, 2021

I am skeptical that anyone will buy that you didn't know the speed limit in your own subdivision. It also wouldn't matter if you really didn't know.

And if it is an average subdivision of greater than 10 houses (or even less) I don't think your the private property...
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3 Answers | Asked in Contracts and Real Estate Law for Florida on
Q: Can I request that a contract to purchase land in Florida be extended 30 days beyond closing date?

The attorney is getting close to obtaining clear title, however due to Covid-19 it is delayed but hopefully will be resolved soon. I asked that the contract be extended but the seller does not want to do this. Can I request to extend 30 days under the Force Majeure?

Michael Zamzow
Michael Zamzow answered on Oct 25, 2021

Rely on your Florida attorney.

Your question is short but interesting, I would ask your Florida attorney about "time is of the essence" and "marketable title."

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2 Answers | Asked in Employment Law, Gov & Administrative Law and Public Benefits for Michigan on
Q: Got a notice from the State of Michigan Unemployment Department- please help!

I got a letter from the Michigan Unemployment Office saying a “question of eligibility and/or qualification has been raised on a claim in which you are an interested party”. The dates they want proof of income on range from 3/2020 all the way to 5/2021.

If I got unemployment benefits... Read more »

Michael Zamzow
Michael Zamzow answered on Oct 25, 2021

Adding to Mr. Geers: provided you were 'qualified' at the time you applied and that many months later the rules changed retroactively, you're at least not alone in letters of this nature. If that is the case they arising from pandemic related unemployment interpretation of the State.... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Can I Sue the seller of a home I just purchased for not disclosing foundation/settlement issues?

In the seller disclosure it says the property has had no signs of settlement, foundation or water issues. But there are clear signs of uneven floors. The inspector noted doors not closing because of it being painted too much. Realtor and contractor and inspector said the foundation looked solid... Read more »

Michael Zamzow
Michael Zamzow answered on Oct 25, 2021

Adding to Mr. Geers: about the only way you'll know with reasonable certainty the strengths or weaknesses of your case will be to contact an attorney directly.

An attorney will want to know how the foundation could both be solid, but also require a $1,300 support system. It at least...
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2 Answers | Asked in Civil Litigation and Constitutional Law for Michigan on
Q: Im looking to become a police officer. I passed both exams, when it was time for me to apply for a position I got denied

I do have a past domestic charge that I Pled guilty too but if I was to get that expunged, would that help me get into the public service field?

Michael Zamzow
Michael Zamzow answered on Oct 25, 2021

It might help being aware that expunged crimes are not invisible to governmental agencies.

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2 Answers | Asked in Libel & Slander for Michigan on
Q: Advise both persons on whether any tortious claims will be successful

Adam sees ahead of him in the street an individual who, from the rear, looks remarkably like his former girlfriend, Barbara. He sneaks up behind the person, taps the person on the shoulder, and tenderly kisses the person on the cheek. It is not in fact Barbara, but Carla. Carla screams and throws a... Read more »

Michael Zamzow
Michael Zamzow answered on Oct 25, 2021

Adding to Mr. Geers: I would also be pretty concerned about that the tender kiss on the cheek.

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2 Answers | Asked in Estate Planning for Michigan on
Q: Is the beneficiary of a will obligated to take what is offered to them?
Michael Zamzow
Michael Zamzow answered on Oct 15, 2021

Adding to Mr. Geers, it should also be noted that disclaiming a gift is a little more involved than just saying "I don't want that gift."

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1 Answer | Asked in Business Law and Health Care Law for Michigan on
Q: Operating a diagnostic ultrasound facility in Michigan

Hi,

I was thinking about opening a small diagnostic ultrasound clinic in Dearborn, Michigan. I am an experienced sonographer with more than 10 years of experience. I want to cater to clients/patients who will be self pay. I will not be billing insurance companies. I wanted to know what the... Read more »

Michael Zamzow
Michael Zamzow answered on Sep 17, 2021

You will likely need to seek out an attorney who has experience in health care law. I would inquire about whether or not a sonographer can operate independently, the type of license a diagnostic facility requires, and whether or not a diagnostic facility needs a physician in a director role. And, I... Read more »

3 Answers | Asked in Criminal Law and Education Law for Michigan on
Q: Can I press charges against our board of education and have them criminally prosecuted under this statue? MCL 380.1307b
Michael Zamzow
Michael Zamzow answered on Sep 17, 2021

Adding to Mr. Geers response. MCL 380.1307b together with 380.1312 is part of the prohibition on corporal punishment. And a person who has allegedly been subjected to the wrongful act, would likely raise these statutes in their civil complaint.

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1 Answer | Asked in Consumer Law for Michigan on
Q: Do I have recourse in the matter below?

I co-signed for auto loan.

Prior to notifying me of any delinquency, or getting permission to do so, bank took payment from my account. My credit score subsequently dropped. I would have paid had I known.

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

There is not enough information.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: If no signed lease agreement in dundee Michigan . Can I evict them with 30 days notice or sooner with no lease
Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

Not sooner than 30 days (notice before the end of the pay period), unless certain rules apply. And there might be some reasons you cannot evict them with 30 days notice before the end of the pay period.

1 Answer | Asked in Contracts and Arbitration / Mediation Law for Michigan on
Q: Arbitrator Judge awarded amount, reheard, raised it 3 times, now it will go to Circuit Ct to increase. What do we do?

We went to trial in Arbitration and the Judge awarded the plaintiff an amount. Then Plaintiff took it to rehear and the award amount was raised 3 times, the judge recognizing their attorney fees but not recognizing ours. Even so, now they will take it to Circuit Court to increase this award even... Read more »

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

Maybe. You can contact an attorney, although it reads like you have counsel.

1 Answer | Asked in Landlord - Tenant for Michigan on
Q: signed my lease 14 days ago the landlord is now saying I have 7 days to vacate I've paid my deposit and first month's re

I was an employee for this property company who rented the apartment to me was in fired have since found another job but they are still trying to evict me

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

You'll probably need to contact an attorney, run a conflict check to make sure they don't represent the landlord first. With out more information it's not possible for me to say definitively one way or the other.

3 Answers | Asked in Real Estate Law for Michigan on
Q: How do I get a seller disclosure on a property I closed on?

How do I get a seller disclosure on a property I closed on?

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

You're probably really asking about something else. Why do you want the seller's disclosure statement after you've closed? And my guess is that answer will likely lead you to an attorney about whether or not you have a cause of action against the seller.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: how does the patron act work. how can to force other land owners to sell ground?
Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

Agreed with Mr. Zichi, I am wholly unaware of what the "Patron Act" might be. You might get a better answer by calling an attorney directly.

At common law there is a power the government has that can force land owners to sell property, eminent domain. And eminent domain has been...
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3 Answers | Asked in Trademark for Michigan on
Q: How do I know if a brand is still trademarked? Or if someone still uses the mark?

I am looking to start a brand, I had started searching through trademarks and found one similar but I have some different design ideas. The owner of mark has been mailed abandonment and things along the lines of that. How do I know if I can start making stuff?

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

Enter "Apple vs PrePear" into your favorite search engine. And before you view this as a biblical tale of a giant vs a shepherd, be aware that a mark holder has an obligation to pursue potential infringers or they might lose their right to the breadth of the mark.

You should...
Read more »

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2 Answers | Asked in Stockbroker Fraud for Michigan on
Q: I have a digital currency account through a platform named coinbase.

About 6 weeks ago they blocked led my account due to someone other than me trying to access it. I have contacted them several times. The first time they emailed me back with some generic help to open my account back up. That did not work now they wont email me back despite the several emails I have... Read more »

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

You're in a difficult situation, and I agree with Mr. Minnick. You should hire an attorney, CoinBase Inc. is possibly just not certain you are who you say you are, and once they release it they cannot get it back and if it's the wrong 'you' that could become a problem for them.

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