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Questions Answered by Michael Zamzow
1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Had recommend HOA Contractor do some work. After work was done 30 days later new policy installed and I was violated.

Is this legal, when they gave me contractor's information? Should the contractor have known what was allow in the HOA since he came at the HOA recommendation? I spoke to HOA told them work was complete before new policy was in place. I did not hear anything until this year with threats, five... Read more »

Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

It depends what the HOA has actually done to enforce the new policy. It sounds to me like it would be grandfathered in until typical HOA policies, but perhaps not. Unfortunately, if the HOA is making a bigger deal out of this than they should it might take a costly lawsuit to get the matter... Read more »

1 Answer | Asked in Banking and Business Law for Michigan on
Q: I made an online purchase on the target website using apple cash and because of that purchase someone stole my debit and

Apple cash information. I have proof that it was the target purchase that allowed the hackers to get my information. Do I have a case?

Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

You do against the hackers. But there's not enough information for other potential parties. Most transactions using Apple Cash are below $1,000 and it is likely you'll get your money back for fraudulent transfers. Have you contacted Apple, Target, and the bank behind Apple Cash? How do... Read more »

1 Answer | Asked in Consumer Law for Michigan on
Q: I paid a company $4000 to build me an E-commerce website and have received nothing. I made a dispute claim with my bank

and today find out the back did a reversal. The bank said they received some paperwork from the company which they are sending me. So my bank won’t do anything, I constantly call this company either no and or busy signal. Again I received nothing no website nothing . All I want is what I paid for... Read more »

Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

It will depend on the contract on the legal side, and where the company is located on the practical side. Without reviewing those pieces of information, your most likely remedy is a lawsuit.

2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Can my employer make me get Covid tested weekly even if I don’t have symptoms? I am unvacc. and only one getting tested

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Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

I don't believe there is anything suspect about this procedure, more information could tip the scales. The EEOC has published guidance on this and on mandatory vaccinations.

I would be curious to hear what an infectious disease physician would say. But from my perspective, on the...
Read more »

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Uncle bought my house 18 years ago promising it would be mine. I have paid everything. Now wants to sell, what can i do?

I paid all of the mortgage, taxes, repairs etc. we have no signed contract.

Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

You're outlining a case that comes with a strong headwind. I am hesitant to say it is definitely barred until more information is divulged. While on the one hand it is certainly true the statute of frauds will inevitably be a defense raise by your uncle, it is not a straightforward case:... Read more »

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3 Answers | Asked in Contracts for Michigan on
Q: Is my mentally ill adult daughter liable for an apt lease she signed?

My adult daughter, who is presently already under an apt lease (since Dec 2021) in her hometown in Michigan, signed a one year lease for an apartment in Chicago while on medications (still is) to treat a mental illness.

She went thru a broker who keeps the first month's rent... Read more »

Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

What you're outlining, as identified by some other attorneys here, is a defense based on lack of capacity. That is, certain individuals (possibly your daughter) are legally incapable of incurring binding contractual obligations. And in the case of a protected individual in this class who makes... Read more »

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1 Answer | Asked in Criminal Law for Michigan on
Q: I don’t remember when my jury questionnaire was sent and I haven’t sent it in yet

I am worried about contempt, I am in Wayne county, MI. I’ve never had a felony or misdemeanor, and I’m able to report for jury duty. I’ve lost the return mailing address envelope sent so I don’t know where to send in a filled form. I guess my question is what is the chance I go to jail or pay a fine

Michael Zamzow
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Michael Zamzow
answered on Aug 1, 2022

This is not legal advice, don't construe it as that. The only certain way of getting an answer you can rely on is by hiring an attorney. Below are some practical considerations:

Sometimes the best option is to call the clerk of courts and let them know. While you might face contempt,...
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2 Answers | Asked in Criminal Law, Divorce and Child Custody for Michigan on
Q: I've hidden 98% of my assets in crypto. Can this be found in a custody case?
Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

If you receive a demand for that information in the form of a court document, subpoena, or other discovery request you'll want to make sure you answer honestly and file an appropriate motion before the due date if you disagree with the request. A defense attorney can help you with discovery... Read more »

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2 Answers | Asked in Divorce for Michigan on
Q: One of my friend’s ex husband’s wrote a fake review under her name the review was to their divorce lawyers agency now

Now the agency is trying to sue her. Is there a way she can ask her lawyer to contact police to pull the IP address of the account making the fake review or how should she go about this

Michael Zamzow
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Michael Zamzow
answered on Aug 4, 2022

Well oftentimes when I hear 'trying' to sue someone the lawsuit has not yet been filed. Cooperation can go along way with working together to avoid a lawsuit and also hold the correct actor responsible.

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1 Answer | Asked in Education Law for Michigan on
Q: Can a school district be held accountable for keeping books in the school libraries that contain graphic sexual content?

Books rated for 18 yrs and older being available for all students in the school libraries.

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

I am not aware of any books with age-ratings, while it probably depends on what you mean by "held accountable" the answer is "probably not."

1 Answer | Asked in Products Liability for Michigan on
Q: Can a restaurant resell a grocery store's prepared hot food as their own?

I work at the rotisserie chicken section of a large supply chain grocery store. There is a restaurant that orders a large amount from us once or twice a week. As soon as the chicken comes out of the oven, it goes directly into the fridge until they eventually pick it up. They then reheat it and... Read more »

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

It doesn't sound concerning by itself. I suppose tweaking the facts could render it problematic, but it sounds at least from this side of your post, that you are asking out of annoyance.

1 Answer | Asked in Family Law and Gaming for Michigan on
Q: Is there anything i can do to compel my father to either let me find or have him find my binders of pokemon cards?

When i was a minor, i collected Pokémon cards, some were gifts from a variety of family/friends, some I got by trading to friends as well as buying them at yard sales or at the store, with money i earned. He doesn't dispute they belong to me. About 6 years ago my dad bought a new house and my... Read more »

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

Sometimes a practical solution is best. You could offer to split the proceeds of any sale with your father. If you give him an estimate of value, he might change his mind about storing something so valuable.

If he only has three binders, and if they are particularly valuable (a quick google...
Read more »

2 Answers | Asked in Consumer Law, Small Claims and Lemon Law for Michigan on
Q: Can I sue Ford in small claims court for faulty engine.

My Ford escape with EcoBoost engine blew up. This is a common problem there are class action lawsuits. Can I sue Ford in small claims court and would it be worth it.

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

Consider filing a report, the government is usually a good first/middle step before you take things into your own hands. See: https://www.usa.gov/car-complaints

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1 Answer | Asked in Contracts and Business Law for Michigan on
Q: Can a single member LLC be charged a late fee for making a payment on a saturday when the due date was that same day?

I paid my credit card payment electronically on the 25th when it was due which also fell on a Saturday. I was charged a $75 late fee because the company does not accept payments on Saturdays and Sundays so it wasn't processed until the 27th which was on Monday. This credit line is under my... Read more »

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

Being a single member LLC wouldn't change whether or not the late fee can be assessed on the company. It sort of depends on the contract you signed requiring you to pay in the first place to determine whether or not the late fee was properly assessed.

1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: I'm buying a home that has an easement, can I legally build a garage that overlaps the easement

The lot is .52 acres, however with the easement the home and yard are on .30 acres the rest is easement

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

When it comes to infringing on an easement, it might be wise to first contact the persons who use the easement and ask them if they would be ok with you moving it. On the other hand, it sounds like this particular easement takes up a large portion of the useable yard, so perhaps this easement... Read more »

2 Answers | Asked in Personal Injury for Michigan on
Q: The head board at my hotel fell while I was sleeping at right on my head, can I sue?
Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

You can always sue, it just might not always make sense. In this particular instance, speak with a personal injury attorney.

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2 Answers | Asked in Employment Discrimination and Employment Law for Michigan on
Q: Is it legal for a trucking company to refuse employment to a driver if they are over a certain weight?

The trucking company is out of Oklahoma. This person is physically able to perform all required job duties and have passed a DOT physical

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

That's an interesting question, and possibly. Michigan does offer protection, via statute, from weight discrimination. An Oklahoma company, operating in Michigan, might fit under Michigan protections. It might not though.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: In disclosure the seller said a hot tub would not stay. We asked to keep in via the PA, they signed it. Who has rights?

The sellers are now saying they will not leave the hot tub despite the PA agreement they signed. Not sure how to proceed.

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

I would ignore the seller's disclosure statement. The later executed purchase agreement controls the contractual relationship. The seller's must comply with its terms.

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2 Answers | Asked in Landlord - Tenant for Michigan on
Q: I received a notice that my landlord was increasing the rent on my apartment by almost 9%. I can't afford this.

The notice was found outside my apartment door on my mat. Today is 7/15/2022, and the rent is scheduled to increase on 9/01/2022. It says that if I don't agree to the increase my lease will be terminated. Can i fight this increase?

Michael Zamzow
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Michael Zamzow
answered on Jul 26, 2022

It depends on whether or not you are under a current lease term or under 'month-to-month.'

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
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Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

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