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Questions Answered by Thomas. R. Morris
3 Answers | Asked in Bankruptcy for Michigan on
Q: What should I do I feel like I was pressured into filing for bankruptcy my attorneys office when I was 20?

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 »

Thomas. R. Morris
Thomas. R. Morris answered on Nov 29, 2021

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 »

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1 Answer | Asked in Consumer Law, Contracts, Employment Law and Products Liability for Michigan on
Q: Ok, my mom sold for Paparazzi Jewelry, under the guise of it being hypoallergenic, as well as nickle AND lead free;

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 »

Thomas. R. Morris
Thomas. R. Morris answered on Nov 29, 2021

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 »

1 Answer | Asked in Contracts for Michigan on
Q: Loaned tools out for a home improvement job job is done now home owners will not give me back my tools
Thomas. R. Morris
Thomas. R. Morris answered on Nov 23, 2021

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.

1 Answer | Asked in Contracts for Michigan on
Q: How can I get my things from a contractor who has them ?

He took them to be cleaned from mold. Now won't give back unless I pay him more money for job not done

Thomas. R. Morris
Thomas. R. Morris answered on Nov 16, 2021

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 »

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?

Thomas. R. Morris
Thomas. R. Morris answered on Nov 15, 2021

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 »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I am currently an owner as tenant in common with several of my siblings of a vacant piece of low value property in MI

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 »

Thomas. R. Morris
Thomas. R. Morris answered on Oct 21, 2021

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 »

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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.

Thomas. R. Morris
Thomas. R. Morris answered on Oct 12, 2021

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 »

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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 »

Thomas. R. Morris
Thomas. R. Morris answered on Sep 9, 2021

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.

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2 Answers | Asked in Business Law for Michigan on
Q: what's the rule of law? Im a business major and struggle to understand what it is especially in this case
Thomas. R. Morris
Thomas. R. Morris answered on Sep 2, 2021

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...
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4 Answers | Asked in Real Estate Law for Michigan on
Q: Is a hand written receipt legally binding on the sale of a house

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?

Thomas. R. Morris
Thomas. R. Morris answered on May 13, 2021

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 »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I cancelled my purchase agreement...Seller will not sign release

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 »

Thomas. R. Morris
Thomas. R. Morris answered on May 11, 2021

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.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Mom decided to add my name to the deed found out she added my sons name on it so now i need to no which deed is real
Thomas. R. Morris
Thomas. R. Morris answered on Mar 10, 2021

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.

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1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Our waste removal contract requires 60 day notice to cancel before our expired contract auto renews. Can we break this?

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 »

Thomas. R. Morris
Thomas. R. Morris answered on Feb 23, 2021

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...
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2 Answers | Asked in Estate Planning and Probate for Michigan on
Q: my father passed away 2 days ago. no will. my brother changed locks to house. refuses to let me on the property

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?

Thomas. R. Morris
Thomas. R. Morris answered on Feb 2, 2021

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 »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I sue a home inspector who had falsely report roof conditions?

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 »

Thomas. R. Morris
Thomas. R. Morris answered on Jan 31, 2021

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 »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Six of us are on the deed to a property. We are all over the US. Can we designate one person to handle the sale?
Thomas. R. Morris
Thomas. R. Morris answered on Jan 29, 2021

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...
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3 Answers | Asked in Bankruptcy for Michigan on
Q: Is a civil subpoena for a debt from New York State enforceable in another state?
Thomas. R. Morris
Thomas. R. Morris answered on Jan 23, 2021

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 »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Do I have to have an expired judgment lien discharged in court?

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?

Thomas. R. Morris
Thomas. R. Morris answered on Dec 28, 2020

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.

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1 Answer | Asked in Business Law, Civil Litigation and Contracts for Michigan on
Q: How do I divest myself of interest in an LLC; 50/50 Members in a dispute. Accountant says I can turn it over to State.

Accountant says I can turn it over to State of Michigan division of corporations.

Thomas. R. Morris
Thomas. R. Morris answered on Dec 11, 2020

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 »

3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a tenant in common force the sale of the entire property to get their share of the property value?

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?

Thomas. R. Morris
Thomas. R. Morris answered on Dec 10, 2020

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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