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Michigan Contracts Questions & Answers
1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Can an LLC keep you from forwarding their emails to a credit card company to settle a chargeback dispute?

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Adam Alexander
Adam Alexander
answered on Jun 22, 2023

You can be sued for anything, really. But based on your summary I wouldn't worry about getting sued. The plaintiff in any lawsuit is required to prove damages. I doubt this LLC has been harmed by what you've done, as explained. (I probably wouldn't have admitted to forwarding these... View More

1 Answer | Asked in Contracts and Family Law for Michigan on
Q: My son signed over right of his baby to girlfriend when she gave birth. Is this a binding contract?

My son has a job. No addictions. His girlfriend holds this over him and often I ( grandma can't see my grandson because she controls all).

Brent T. Geers
Brent T. Geers
answered on May 15, 2023

Depends on what you mean by "signing over rights". Typically the only thing that's signed between unwed parents is an Acknowledgement of Paternity (AOP). If your son signed such a document, he is acknowledging paternity - that's it. By default, the mother has custody, and no... View More

1 Answer | Asked in Contracts, Construction Law, Libel & Slander and Small Claims for Michigan on
Q: We are a GC trying to collect most of final payment. Homeowner refuses to let us back for punch list- owes 6375

The contract amount is 20,875. This guy is a lawyer and a bully. He refuses to pay or allow us to finish minor details. What can we do? He also left a nasty google review full of lies

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 10, 2023

I see three remedies:

1. A construction lien. I am not going to write up all of the steps because it is somewhat complicated and we don't have enough facts to determine whether the remedy is available.

2. A lawsuit against your customer to collect the balance.

3. A...
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2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 21, 2023

The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public... View More

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2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... View More

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2023

What exactly were his promises to you? By your question, it sounds like he effectively told you "if you move out here with me, I'll do this...". You indicate you have not moved. Had you moved, you might then have some sort of promissory estoppel claim. But unless there is more to... View More

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1 Answer | Asked in Contracts, Estate Planning and Probate for Michigan on
Q: As the beneficiary of

As the beneficiary of a deceased insured, do I have the legal right to give the insurance company authorization to

Disclose the deceased, personal medical information? I am the deceased’s wife. They want me to sign a paper and give them that right. Is that legal for me to do? I did have... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 25, 2023

The Michigan statutes on decisions to be made regarding the body of a dead person use the term "next of kin" to refer to the class of persons who can make such decisions. As the widow, you would be the "next of kin". Therefore, you would be a person with authority to make... View More

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 24, 2023

Let me rephrase your question slightly and see if you don't spot the 'common thread' here and what you need to do to 'stop the cycle':

1) I bought land without having an attorney review the transaction.

2) I had a real estate agent who is NOT an attorney...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... View More

David Soble
PREMIUM
David Soble
answered on Jan 24, 2023

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... View More

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1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: If you give a friend $3000 to take you for a stat CT scan and take you to the ER and you gave this money (see below)...

If you give a friend $3000 to take you for a stat CT scan and take you to the ER and you gave this money under extreme anxiety and emotional distress because you're a widow with no one to help you, and later when calm you ask how they could do that if they're your friend, and now you... View More

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

No. The more legal question becomes whether this was a gift or transfer made under a contract. In either case, you are out that money. When you give someone a gift, you lose control once the transfer is made; if a contract, the money is theirs once you offered $3,000, they accepted it, and gave you... View More

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 6, 2023

Do you have COPIES of the documents you delivered returning the keys and providing your forwarding address?

Without copies, you didn't send them (the landlord WILL claim this!)

Your best bet at this point is to hire an attorney to fight this or just pay (a probably smaller...
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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 5, 2023

Did you sign a lease that obligated you to pay rent for a period of time that extended past the date on which you moved out? I suspect that there was a lease, and it went through July 2018. If so, the fact that you notified the landlord of your intention to move probably makes no difference.

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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
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1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... View More

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... View More

1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

1 Answer | Asked in Contracts, Employment Law, Personal Injury and Government Contracts for Michigan on
Q: I currently a pension beneficiary & I was trying to look into if it's possible for me to borrow against or receive lump

For context I am to receive this pension till death or marriage. Right now I get a month pay out.

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Michigan attorney could advise best, but your question remains open for four weeks. There isn't a category here for ERISA and pensions, but you could look into whether local or state bar associations could offer guidance on attorneys in your area who might handle such matters. Good luck

1 Answer | Asked in Contracts and Lemon Law for Michigan on
Q: what is the laws governing sell of u sed vehicles, pertaining to transferring plates and title with a lien. i purchased

The registration has the wrong name and driver license no. on it, Does this void the contract. Informed the dealer of this, he said i have to have it corrected at my local secretary of state office

Adam Alexander
Adam Alexander
answered on Feb 2, 2024

Does this void your contract? Probably not. However, the reason for the error should be investigated. I suggest you file a complaint with the Michigan Attorney General. And also contact the S.O.S. and ask questions. Perhaps they can shed some light.

1 Answer | Asked in Contracts for Michigan on
Q: What should be stipulated in a contract between writer and subject of the biography?
Tim Akpinar
Tim Akpinar
answered on Dec 25, 2023

A Michigan attorney could advise best, but your question remains open for a week. You may want to consider expanding your categories to include copyright/intellectual property, as there could be issues to consider in that area as well. Good luck

1 Answer | Asked in Contracts for Michigan on
Q: We signed a contract to rent a cottage on twin lake and paid a deposit of $700 last year. The owner sold the property.

The new owner said the deposit didn’t count for the rental because it wasn’t paid to her. She made us pay $700 more for the rental. Can she do this? Shouldn’t the sale of the house include deposits to the former owner? We have a contract with the deposit on it that is signed by the former owner.

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 23, 2023

you have a claim against the former owner, but not against the present owner, unless the present owner assumed liability for outstanding deposits. I would first contact the former owner and demand a refund.

1 Answer | Asked in Contracts, Business Formation and Business Law for Michigan on
Q: Can I get sued at 15 for money?

I have got into a problem I’m 15 and I had a sweet 15 and hired a choreographer that went to my school who is like a year older then me and we both agreed to pay him 250 but I had to cancel the whole dance because I sprained my foot and couldn’t dance and we barely had like five practices and I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 29, 2023

Yes, but you should raise a defense that you are a minor (unemancipated, I assume) and cannot be held legally responsible for a debt that is not for a necessity.

1 Answer | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: What rights does a renter living in a home sold by land contract have once the buyer dies before contract completion?

Renter paid monthly rent of 500$.. lived in home with buyer at time of death

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2023

The buyer’s estate steps into the shoes of the buyer.

The ‘rights’ of the lessee depend on his relationship to the estate.

This is a FAR more complicated and fact dependent situation than can be discussed cogently in a forum like this.

You NEED to consult with a...
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