I am now facing it being possibly discharged due to non payment because I had to take 8 months off of work due to no childcare. Now looking back I don’t think the ramifications were clearly described to me. I filed in January of 2020. I just started work and am going to try and get caught up now... Read more »
It seems like you are looking for validation of a theory that the attorney you hired to file a bankruptcy petition for you is responsible for problems that also involve the high cost of daycare. If your attorney committed legal malpractice, seek advice promptly because you must bring suit within... Read more »
She found out that it was a lie. They had nickle AND lead, and some have reported the lead is toxic. Now, I know MLMs are extremely hard to catch, but they tout these jewels, necklaces, bracelts, etc as LEAD AND NICKLE free to ALL consultants, AND customers. Is there ANYTHING my mom can do to sue... Read more »
This sounds like a breach-of-contract claim. The devil is in the details, and there are more details than I can list in this format. Who would be the defendant? Is there a written warranty by the seller regarding the merchandise? Where is the defendant? Is there jurisdiction here in Michigan?... Read more »
It appears from the facts you have written that you were entitled to your tools back. Were you to file suit in court, it would be called a claim and delivery complaint. I hope that helps you. The problem is the cost of filing and prosecuting a lawsuit.
He took them to be cleaned from mold. Now won't give back unless I pay him more money for job not done
The contractor appears to be asserting a mechanic's lien, which is a possessory lien on goods that were worked on. The contractor would have a lien on the goods to secure payment of work done on the goods. You apparently dispute the value or scope of the services. You can sue the... Read more »
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?
Until the seller accepts your offer, in writing, there is not an enforceable agreement for the sale of the property. Until there is an enforceable agreement, the seller is free to sell, not sell, or raise the price. Contract law speaks of "offer and acceptance" as being elements of an... Read more »
that we would like to sell to an adjacent property owner. The buyer suggested quit claim deed for transfer. However, two of my sibling owners listed on the deed have passed away intestate. Both were in California. One had a husband that inherited everything, and the other was unmarried with very... Read more »
Unfortunately, two of the owners of the property are the estates of the two deceased siblings. The representatives of those estates need to sign the deed, and I believe that probate proceedings in California are required in order have an estate representative appointed, and gain approval of the... Read more »
I inhaled lots of fiberglass insulation and sustained a foot injury so I went to the ER.
Ouch. If you are a tenant, the landlord is likely to be liable. The landlord's insurance carrier may offer a settlement. You could take the settlement, or, if you can find an attorney to take the case, you could sue to see if you get more. If you hire an attorney, that might increase the... Read more »
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 »
As Mr. Soble wrote, the sale agreement is not enforceable. The purchaser is entitled to a refund, but is not allowed by law to use a threat of violence or other unlawful means to try to collect. If the purchaser threatens your safety, call the police.
The "rule of law" to me means that in the conduct of our nation's affairs, we follow rules, rather than be governed by the whims of a dictator. The phrase could also refer to the rule that governs the outcome of a particular case.
Your question is more of a definitional... Read more »
Friend of mine sold me her house for very little money, and now a year later wants to take it back. I have a signed receipt from her and her ex husband. Will that be enough to stop her from kicking me out?
It may be enforceable as a contract for sale. It in not effective to transfer title unless it meets the requirements for a deed. It may be enough to defend against an eviction in court. I don't know how to answer the question whether it is "enough to stop her from kicking (you)... Read more »
I, the buyer, entered into a purchase agreement which stated closing would occur by 4/23. On 4/28, I instructed my realtor to cancel agreement. Seller refuses to sign release and my realtor is suggesting that I offer up a portion of my earnest money deposit to the seller to cover money spent with... Read more »
The answer depends upon whether your realtor is correct is his or her assessment of the issue whether you were within your rights when you claimed to cancel the agreement. You have not provided enough information to permit an assessment of that issue.
By real, you must mean effective. Find out which deed was recorded with the register of deeds. That will provide a partial answer, but we need more information in order to determine the state of title to the property.
The contract expires 3/8/2021. We notified the waste removal company that we intend not to renew the contract on 2/23/2021, but contract terms force us into renewal unless a certified letter was mailed on or prior to 1/8/2021. We are not happy with service, and we would like to avoid this ongoing... Read more »
The renewal provision is probably enforceable.
If the hauler is not performing in accordance with the contract, notify it in writing of the deficiency. Perhaps you can terminate the contract if the deficiency is not cured. Without a copy of the contract, I am at a disadvantage in trying... Read more »
is it legal for him to be taking ownership yet? what are my rights? how do i get an attorney for this matter? how do you proceed to probate?
If your brother was the joint tenant of the house with your father, he acquired sole title upon your father's death and would be within his rights to exclude others. However, if your father was the sole owner of the house, and died intestate (meaning without a will), then his children,... Read more »
Hired Home inspector before closing on a home. Inspector's report stated roof was in good condition for 6-10 years. I purchased home. Less than a month of owning home, Homeowners insurance company stated roof was in terrible condition. I had to replace roof before I could be insured. Looking... Read more »
I am skeptical of your chances because the typical home-inspection contract contains strong disclaimers. Also, no roof lasts forever and the characterizations of the condition are subjective. Given that the typical roof lasts for 20-30 years, the inspector’s estimate may not have been far off.... Read more »
Yes, one person can handle the sale. But what do you mean by the "sale"?
For the conveyance, you could have five each execute a power of attorney. Or, you could each execute a deed, but that would result in six recording fees being paid. Or, you could each execute a separate... Read more »
I’m not sure what you mean by a civil subpoena for a debt, but a judgment issued by in New York court is enforceable in any of the states. The United States Constitution requires that a stake in full faith and credit to judgment rendered in another state. That means that a judgment issued by a... Read more »
I co-own a property with someone who had a judgment lien attached to our property. It is expired after 5 years and was not rerecorded. I know it will show up in a title search but will it be an issue?
The title company, in issuing a policy of title insurance, should recognize its expiration after five years and not require that you take further action to confirm its expiration.
Accountant says I can turn it over to State of Michigan division of corporations.
There is no procedure for the state to accept a transfer to it of a membership interest in an LLC. It should be possible to resign as a member. You should consult with an attorney who can review the entire situation, and the accountant may be useful for advice as to potential tax consequences or... Read more »
We do not agree to the buy out amount they are asking us to give them. Not sure if Michigan law prohibits them selling the entire property (hunting land and a camp on the property). Are they only permitted to sell their portion?
It is possible to seek a partition of the land in court. A full description of the process is not possible. You should consult an attorney.
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