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Questions Answered by Kenneth V Zichi

1 Answer | Asked in Real Estate Law for Michigan on

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?

Kenneth V Zichi answered on Aug 20, 2019

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 »

1 Answer | Asked in Real Estate Law for Michigan on

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 »

Kenneth V Zichi answered on Aug 17, 2019

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...
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1 Answer | Asked in Real Estate Law for Michigan on

Q: We signed a purchase agreement with no earnest money. We did not qualify for a mortgage. Is agreement over?

Kenneth V Zichi answered on Aug 16, 2019

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 »

1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on

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 »

Kenneth V Zichi answered on Aug 15, 2019

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...
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1 Answer | Asked in Real Estate Law for Michigan on

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 »

Kenneth V Zichi answered on Aug 15, 2019

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...
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2 Answers | Asked in Probate for Michigan on

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?

Kenneth V Zichi answered on Aug 12, 2019

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 »

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3 Answers | Asked in Probate for Michigan on

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

Kenneth V Zichi answered on Aug 7, 2019

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...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on

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.

Kenneth V Zichi answered on Aug 6, 2019

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

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1 Answer | Asked in Real Estate Law for Michigan on

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 »

Kenneth V Zichi answered on Aug 5, 2019

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...
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1 Answer | Asked in Estate Planning and Elder Law for Michigan on

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 »

Kenneth V Zichi answered on Jul 31, 2019

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...
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1 Answer | Asked in Family Law and Child Support for Michigan on

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

Kenneth V Zichi answered on Jul 25, 2019

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...
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1 Answer | Asked in Family Law for Michigan on

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

Kenneth V Zichi answered on Jul 25, 2019

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...
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1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Internet Law for Michigan on

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 »

Kenneth V Zichi answered on Jul 25, 2019

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...
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1 Answer | Asked in Family Law and Environmental for Michigan on

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.

Kenneth V Zichi answered on Jul 25, 2019

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...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Michigan on

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

Kenneth V Zichi answered on Jul 25, 2019

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...
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1 Answer | Asked in Family Law and Child Custody for Michigan on

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

Kenneth V Zichi answered on Jul 25, 2019

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...
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1 Answer | Asked in Estate Planning for Michigan on

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

Kenneth V Zichi answered on Jul 25, 2019

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 »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Michigan on

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.

Kenneth V Zichi answered on Jul 24, 2019

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...
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2 Answers | Asked in Contracts and Real Estate Law for Michigan on

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 »

Kenneth V Zichi answered on Jul 24, 2019

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...
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2 Answers | Asked in Estate Planning for Michigan on

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?

Kenneth V Zichi answered on Jul 23, 2019

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...
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