Questions Answered by Kenneth V Zichi
Q: Does a Realtor who sells units in a housing co-op need to have an agency disclosure form signed by the buyer and seller?
It doesn't matter what type of housing (co op or otherwise) the agency disclosure needs to be provided consistent with the licensing rules. IF the license requires it, then yes. Usually both buyer and seller only need to sign when there is a 'dual agency' but without specifics it is impossible to... Read more »
Q: If your close date has come and gone because the buyer is pursuing alternative financing, are you obligated to sell?
Buyer's bank loan feel through because he is going through a divorce. The agreement close date was 08/16. Our realtor sent us an amendment late last night to extend the close date under the same terms. We have not signed the amendment and want to change the terms to require the earnest money... Read more »
Without seeing the offer and reading the various contingencies it is impossible to say for sure. The offer MAY be 'dead' meaning you can both walk away without issues, or there may be a default requiring action.
If the offer is 'dead' and they want to extend, you can make whatever changes... Read more »
Q: We signed a purchase agreement with no earnest money. We did not qualify for a mortgage. Is agreement over?
Was the offer contingent on qualifying for a specific mortgage and was that contingency not satisfied? Without actually seeing the terms of the agreement it is impossible to say for sure, but IF it was drafted properly and you didn't qualify for the mortgage, then you MAY be able to call the deal... Read more »
Q: If a home is part of a HOA, is the owner legally responsible to disclose that to the new owner/protentional buyer?
I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... Read more »
Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.
PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done... Read more »
Q: Can we get out of home purchase after signing a NO contingency purchase agreement? I know...what were we thinking!?
In early June we signed purchase agreement with our landlord to buy the duplex we have lived in for last 6 yrs. FSBO deal.No realtor involved. We know the property and know him; (great guy.) Quite honestly, didn't even think of the contingency issue. We were "pre-approved" with the lender, or so we... Read more »
Without seeing the offer you submitted and which was accepted it is impossible to answer this question specifically. You need to consult with and HIRE a licensed attorney ASAP -- as you SHOULD have done before signing an offer.
There may be some way out, but if there are absolutely NO... Read more »
Q: Found a typed will in my stepdads belongings, he signed but there are no witness signatures. Is it legal?
My stepdad, passed away a few months ago. Recently we were cleaning out his rental when we came across a typed “will and testament” that he signed and dated. It names an executer and beneficiaries, but doesn’t have witness signatures. Is it legal?
Without actually seeing the will it is impossible to say for sure. It MAY be possible, or it could lead to expensive litigation leading nowhere. The BEST way to proceed is to consult with a local probate attorney who can review the complete situation and all the facts and provide you real advice.... Read more »
Q: My great uncle passed away with no will. His house and account will be split among his surviving nieces and nephews.
What's the split in Michigan if 3 of the nieces and nephews are deceased with surviving children
The other answers hinted at this, but the actual answer is far more complicated than you might think depending on who survived whom, and whether or not there is a surviving spouse, siblings, parents, etc etc.
PLEASE don't think this is something that will be 'easy to DIY' ... consult with... Read more »
Q: My tenant's year lease ended 7/31/19. He told us on 7/29/19 that he was moving out. No 30 day notice. Can I sue for Aug?
There's also a lot of damage that his security deposit will not cover. I probably need to sue for damage as well.
It depends on what your lease says. Does it REQUIRE 30 days notice or is it a typical 'one year' lease that says IF the tenant holds over it becomes a month to month lease? WIthout seeing the lease, it is impossible to answer youre
Q: When can I remove property that a tenant left after the lease expired and the tenants are gone?
I gave a 7 day notice in June 2019 for nonpayment of rent. The lease ended July 31, 2019 and I have a 30 day notice to end lease which the tenant acknowledged. On July 8, 2019 the tenants utilities were shut off for nonpayment (utilities are in tenants name). Tenants left all property and have... Read more »
If it is clear you’re dealing with garbage, you’re free to just dispose of it. Deduct the cost of cleaning up and making necessary repairs beyond normal wear and tear from their security deposit by following the proper procedures.
For 'abandoned' personal property the rules are a bit... Read more »
Q: How can I change the beneficiary on mom's life insurance? I am her POA and sole caregiver living with me since 1996.
Years ago mom added my sister as a joint account holder on all her bank accounts as well as the beneficiary to a small life insurance policy. She also had a much larger policy that when mom became disabled my sister did not properly handle causing it to start issuing lifetime annuity checks, at... Read more »
Assuming the PoA allows you to deal with insurances, you can use that to modify beneficiaries, however be careful as many do not allow 'self dealing' meaning that if you try to assign the property to yourself you could run afoul of ethics rules.
PLEASE PLEASE PLEASE seek the advice of a... Read more »
Q: Hello I have a show cause contempt hearing for child's support for a should I get a lawyer
When I go to court could I go to jail
Should you get a lawyer and could you end up in jail?
Yes, and yes depending on how much is owed, and what you can do to make a dent in the debt.
Talk with a local family law attorney YESTERDAY to find out how best to proceed.
-- This answer is offered for informational... Read more »
Q: What do i do when my mom tells me to get out of her house and never come back everyday then says she will call the cops
I am 16 about to turn 17 in a month
More details are needed. Where is your dad in all of this? If you are a minor, and your mom has sole custody of you she can't just 'order' you to move out without making arrangements for your care. She could be charged with child abandonment if she did that.
Please talk with your dad, a... Read more »
Q: My Ex-wife and I that live together have been constantly harassed for 6yrs,online,public and want it to stop. How?
I divorced my 1st wife in 2012, married my current ex-wife in 2014 and my 1st ex and my daughter(18) keeps harassing in public, online, my own family now involved and all their friends. I have had cease and desist letters sent out, told them I don't want contact and they still do. Have posts all... Read more »
The 'solution' would seem to be a personal protection order. Investigate that to determine if you have enough evidence to proceed with a local family law attorney.
That said, appreciate that a PPO is only a court order. If your ex continues to violate that order, it would require further... Read more »
Q: I currently living with my parents and they want to kick me out of the house.
The bill is under my name. The house almost payoff. Co-owner with them.
Without more detail it is impossible to provide a specific answer, and frankly, more specifics in a public forum would be inapporopriate. PLEASE consult with a local real estate attorney to review your whole situation and provide you real advice.
That said, if you are a 'co owner' it is... Read more »
Q: I have left my wife and we have a 2 1/2 year old daughter. my soon to be EX is keeping our daughter from me. What can I
do to be able to see my daughter before anything is filed
To answer the specific question, 'make your ex talk with you to consent to something'. In other words there is nothing YOU can do before filing. It takes consent of both you and your ex.
Hire an attorney to represent you and either file a complaint for divorce or answer the complaint your... Read more »
Q: I left my wife we have 2 1/2 year old daughter. My soon to be ex refuses to let me see my daughter. I haven’t seen an
Attorney yet but will. What can I do I want to see my daughter
Hire an attorney to represent you and either file a complaint for divorce or answer the complaint your wife has filed, and request parenting time in those documents. Unless and until there is either consent and cooperation or a Court Order, there really isn't much you CAN do.
Get with a... Read more »
Q: Hello. I inherited 28,000 from my aunt. The check is made out to me from her estate. May i have the check made out to my
It appears you already asked this question. No. The money has to be paid out to the person who is entitled to it under either law or the will. If you don't accept the money, then it passes to the next person who would be entitled to it under either law or the will, and that may not be the person... Read more »
Q: In Michigan, if a tennant damages a house, and it is sold as a loss, can they still be taken to court for the damages?
There is a lease to purchase contract stating tennant is responsible for all maintenance and repairs.
Without seeing the actual lease AND the inventory/checklist forms and determining if all the documents comply with all applicable Michigan landlord/tenant laws, it is impossible to say what (if anything) a tenant may be responsible for.
IN GENERAL provided you have properly dotted your i's... Read more »
Q: Licensed real estate agent question
I am a licensed real estate agent in Michigan, but do not practice as one. I have a friend who lives in California & I viewed several properties he's going to buy, took photos, and retrieved info from the seller for him since we are both local and he isn't. At closing he has proposed the title... Read more »
Ethically we cannot provide 'legal advice' on a public forum like this. You will need to hire your own attorney to get a real answer to such a specific question.
HOWEVER, because you are a licensed 'anything' does not mean you can't perform work in some other field as well. Just because I... Read more »
Q: I inherited 28,000 from my elder aunt's estate. Check is made out to me. May I have it made out to my son instread?
Mr Harris' answer is spot-on.
And remember, 'inheritances' (other than distributions from tax deferred IRA/401ks) are not taxable as income -- IF you handle them properly!
Seek that local legal help to insure you do things properly!
-- This answer is offered for... Read more »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
