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Questions Answered by David Soble
2 Answers | Asked in Real Estate Law for Michigan on
Q: We would like to take legal action against the person who sold us our home/the inspector for nondisclosure.

I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we... Read more »

David Soble
David Soble answered on Jan 12, 2022

Sorry to learn about your circumstances.

To prevail in a Seller Non -Disclosure Action- which is essentially a fraud action, you need to prove that the Seller intentionally made statements or omitted information designed to mislead the buyer. In other words, the Seller had to have a...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: When filling out a quitdeed to avoid probate court in Michigan, do you need to put in a survivorship clause?

With 2 people being on the quitdeed in case something happens to one of them

David Soble
David Soble answered on Jan 7, 2022

Deeds must contain the "magic" language to convey title properly to a grantee. Failing to have this language may create legal problems and unnecessary expense if the deed is not drafted properly.

There are several types of deeds and there are various ways that title can be...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Our renters have defaulted in their rent. They sold their previous home on land contract to their kids.

Their kids have defaulted on the LC and are now trying to sell the home. Can we place a lien against the home?

David Soble
David Soble answered on Jan 4, 2022

I don't see why you would need to put a lien on your home when you are selling it under a land contract. You, as the seller, should still have title in your name. The buyer needs a deed from you to do anything with it including closing on the sale of the home. Should they wish to sell the... Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: If I break my 1 year lease agreement with 4 months remaining and my landlord decides to move back into the home,

Is it considered subleasing? Would I still be held reliable to pay the remaining months rent?

David Soble
David Soble answered on Jan 15, 2022

Your landlord has a duty to mitigate their damages. If they lease the property out immediately, then it is unlikely that they will have an action against you for back rent. They do have the right to pursue you for any material damages that you may have caused- so make sure that you timely complete... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I looking for an attorney knowledgeable in real estate law for a condo I am looking to purchase next month.

My offer will be contingent on a Workmans Comp settlement hearing on 1/18/22.

David Soble
David Soble answered on Dec 25, 2021

You are welcome to contact us at 888.789.1715. Until then, you can also visit www.ProvenResource.com for more information related to your purchase. Best of Luck,

Soble Law

3 Answers | Asked in Real Estate Law for Michigan on
Q: My parents both died and left me their home, which I have always lived in. I am on Mental Disability.

my cousin had me sign A mIchigan Life deed and now keeps taking me to court to try and evecit me, he is now suing for a Quiet Title. What are my rights?

David Soble
David Soble answered on Dec 9, 2021

Your legal rights to the property will be dependent upon the terms as specified within the deed. My suggestion is that you send over a copy of the deed to a competent real estate attorney to review. See www.provenresource.com/deeds for more information. https://provenresource.com/deeds/

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: Girlfriend and I own 2 properties together, she lives in one I live in another. Can we both get homestead exemption?

Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.

David Soble
David Soble answered on Dec 12, 2021

Whether or not you receive a principal residence property tax exemption will ultimately be decided by the municipal tax assessor. Yes, the assessor will look at the deeds and how you and your girlfriend hold title together, but more importantly, they will investigate to determine who lives in the... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: my dad died. He took out a loan on the house owed by the estate of my dad. Now they are askin me to be named a successor

does this make me liable for the loan

David Soble
David Soble answered on Nov 26, 2021

The answer depends on what you wish to do with the home.

If you are probating the home, and you are the personal representative for your father's estate, you will not be liable for the debts of your father, including his mortgage. As the personal representative, you can sell the...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I just found out my land contract seller never signed any contract but told me he did what are my rights

I just found out my land contract seller never signed any contract after telling me that he did he's trying to take that position of the property because I am only a month behind and just trying to say that a repossession of property is an eviction which I found out it is not but what rights... Read more »

David Soble
David Soble answered on Nov 28, 2021

Even if your seller did not sign the contract, when the seller took any money from you under the premise that there is a land contract, then there is a legally presumed agreement. So, generally speaking, the terms of the land contract can be enforced in court if you initially met the terms of your... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a seller of a home raise the asking price after an above asking price offer has been made?

Seller had home for sale for $239,900. We offered $250,000, and the buyers agent claimed that they had accepted another offer but would let us know if it falls through. A few minutes later, it shows the house raised to $289,900 and doesn’t say it’s pending. How is this possible?

David Soble
David Soble answered on Nov 28, 2021

A seller can raise the market price at any time. Unless you have a signed purchase offer, then there is nothing really that you can do to compel the seller to sell the home to you at the lower price.

See www.ProvenResource.com for more information.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: When purchasing land in Wayne County, MI, does one have to use a preferred title company of seller's choice, or any co.?

Part of an advertisement states that buyers have the option to use a certain title company in conjunction with proceeding with sale of real property. If the buyer of the sale chooses to use a different title company, not the one recommended, what's the process for ensuring inclusion of... Read more »

David Soble
David Soble answered on Nov 5, 2021

It is all based upon contracts. Write the name of the title company / agent into the purchase agreement. Sellers have the right to select the title company that they choose to close with, and so too, do buyers. So if the seller wishes to have their agent, and the buyer selects their own agent,... Read more »

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 »

David Soble
David Soble answered on Oct 25, 2021

In these cases, you would have to prove that the seller knowingly disregarded the truth (fraud) and that you relied upon these representations. Also, if these structural issues were apparent through your own visual inspection before the sale, then you too, have a duty to investigate further.... Read more »

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2 Answers | Asked in Personal Injury, Real Estate Law and Civil Litigation for Michigan on
Q: My bedroom ceiling collapsed on me in my sleep. The property manager was aware that the ceiling was cracked.

I inhaled lots of fiberglass insulation and sustained a foot injury so I went to the ER.

David Soble
David Soble answered on Oct 12, 2021

I hope you are okay. With regards to this matter, you may have an action against the landlord and their agents. I suggest that you contact an attorney and provide them with more information / supporting documentation. Best of luck. For more information, visit www.ProvenResource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a home on 1 acre that was parceled off 40 acres. The township did not record the split.

The township approved the split, but never recorded it. We informed the township and the title company multiple times and we were told “figure it out amongst yourselves” we are now paying taxes on 40 acres and the title and deed are incorrect. I have notified the title company and township and... Read more »

David Soble
David Soble answered on Oct 10, 2021

First, I would suggest that you ask for a FOIA on the minutes of any township meeting / files related to this split. Second, you may be able to seek redress via a declaratory action, but only if you have the requisite supporting documentation (FOIA items) for the previous alleged split.... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I been staying in this house for 10 years now the mortgage company trying to come take it back

My mother in law gave it to me and my wife I remodel the house etc all she said is that she was in bankruptcy and all we had to do is pay taxes and which I did

David Soble
David Soble answered on Oct 25, 2021

Generally speaking, an underlying mortgage does not simply go away when a homeowner files for bankruptcy. So if your seller / mother 'gave' you the home, it sounds as if it still subject to the underlying mortgage provisions, even if your mother was absolved from paying on the promissory... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a house in Wayne County. My now ex wife is on the title. I need to get her off the title. Lived in for 2 yrs.

What are my options to get her name off the title. I don't want to sell the house. I can't make contact with her due to the claims she made. We can't meet in person it has to go through our family attorney for questions. What can I do to get her off the title hassle free.

David Soble
David Soble answered on Oct 7, 2021

You can go back to the court with the initial jurisdiction on the file, and petition the court to order that the subject property be refinanced or sold. If your ex - spouse won't cooperate after that, then they would be violating the court's order. Hope this helps.

For more...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Owner of the house received cash from nephew and decided that my son buy's it back from him. Deed is still in the owner
David Soble
David Soble answered on Oct 25, 2021

Not sure what you are asking here, but hopefully you have a written purchase agreement that a competent real estate attorney could review to give you the much needed feedback you request. In Michigan, as well as throughout most of the nation, terms of a real estate transaction need to be placed in... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: We discussed a price with the realtor, then he listed it for 50,000 less than we discussed. What can we do?
David Soble
David Soble answered on Sep 24, 2021

A listing needs to be endorsed by the property owner. Did you sign the document in blank? The list price should be listed on the listing agreement at the time of signature. If you have further problems, I would suggest first calling the agent's broker to get it corrected.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question

Someone gave me a cash deposit to purchase my property. No contract was signed and no receipt was given. A month later he called me to cancel the deal. I told him I can not give him the deposit back. He started harassing my phone and threatening me. What should I do? Do I make a police report? Do I... Read more »

David Soble
David Soble answered on Sep 9, 2021

If you state that there was no written contract, then you do not have a valid purchase agreement. Real estate transactions, especially those dealing with a purchase, require that the contract be in writing pursuant to the Statute of Frauds. My suggestion is that you return the deposit, because... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question.

A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property

No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... Read more »

David Soble
David Soble answered on Sep 9, 2021

If the agreement was for you to "hold the property from putting the home on the market, for a short then you may be able to keep it. Otherwise my suggestion is that you return the deposit. Without a written purchase agreement, you do not have a valid contact. Real estate transactions,... Read more »

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