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Questions Answered by David Soble
2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: I am in a partnership dispute. I am a member of a 50/50 partnership. We both agree to dissolve the company.

Are there any case law for me to ask for a non-compete or moratorium for both of us not to be able to use the existing customers of the business for a certain amount of time?

David Soble
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David Soble
answered on May 26, 2023

Good question. These items that you wish to have, such as a non-compete or a non-circumvention agreement, are documents that should really be agreed to up front at the time you and your partner did your initial business deal - so PRIOR to the actual dissolution of a company and not during a... Read more »

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Seller is unable to proceed with closing due to financial situation. What are my rights, and what action should i take?

I have encountered a situation where the seller of the property I am purchasing is unable to proceed with the closing due to financial circumstances. Sellers had already accepted the offer, I completed the appraisal, and the closing is scheduled for next week. What are my rights in this situation,... Read more »

David Soble
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David Soble
answered on May 26, 2023

Your legal rights against the seller's breach will depend on what the provisions in the purchase agreement say as to the available legal 'remedies" that you have against the seller. A poor purchase agreement may only require that the seller return your earnest money deposit to you... Read more »

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2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Can my neighbor put a shed, coop, etc on my 60’ foot wide private ingress/egress easement that cuts across his property?

My easement is a 60 foot wide, private easement for the purposes of ingress and egress and public and private utilities. It goes through my neighbors property back to mine. He currently has a greenhouse, chicken coop, shed that he has put within a few feet of the driveway Over the past couple of... Read more »

David Soble
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David Soble
answered on Apr 16, 2023

Generally speaking, the owner of the easement is responsible for keeping the easement in good condition. The owner of the dominant estate is the one who has an easement over another landowner's land. The proprietor of the servient estate is a landowner whose property is traversed by an... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can property only in wife's name be changed to reflect tenants in entirety?

Mother in law gifted wife a property on 2020, 10 acres. MIL wanted it only in wife's name, which we agreed to at the time to avoid conflict.(we have been married since 2009) . We are finally building on it, and wife and I want to make the property a tenants by entirety, with both our names. I... Read more »

David Soble
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David Soble
answered on Mar 27, 2023

To create a joint tenancy the parties must hold an undivided right to possession and have equal ownership interests. Joint tenants must acquire their interest at the same time and they must acquire their interest by the same instrument of conveyance (deed). Our real estate law is rooted in... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: What is included in warranty deed transfer upon death? Both real and physical (personal. Contents) property ?

My brother states he receives not only the physical home and land from my mother but all personal property inside the he as well. One clean swoop. Is this true? The personal items are worth as much as the physical property . Michigan. Warranty deed. Thank you

David Soble
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David Soble
answered on Mar 22, 2023

Generally, a warranty deed is a form of deed that provides an unlimited warranty of title. The grantor guarantees that tthey have good and marketable title to a subject property. It is important to know that the warranty is not limited to the time that the current owner owned the property. It... Read more »

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2 Answers | Asked in Family Law, Real Estate Law and Estate Planning for Michigan on
Q: Father passed away and my mom is still alive but her name isn’t on the deed but my older brother is on the deed.

How do we transfer ownership to my mom, then her children in the future and avoid probate?

David Soble
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David Soble
answered on Mar 2, 2023

It depends if your brother will deed the property back to your mother. Based upon your facts, he has an interest in the property now. Deeds are contracts and have legal implications. You need to have a real estate attorney first review the deed you mentioned and then, if necessary, draft the... Read more »

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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »

David Soble
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David Soble
answered on Jan 24, 2023

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Husband and wife have been separated for years. He bought a piece of property. She is not on the deed. Can he sell it?

He bought it after they separated. She was not on the deed now the mortgage. He wants to sell it for the balance owed because he was incarserated.

David Soble
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David Soble
answered on Dec 14, 2022

It sounds as if you may be concerned about the spouse's dower rights. Dower has been recognized as one of several legal protections provided to women. This was so that she would not be alienated from her primary residence. However, in 2017, Michigan ended dower. So it will depend when the... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: My brother is a co signer on my home and since my other passed he has gone crazy he will not help me save my hous

He will not sign the refinance papers he won't sign a quick deed is there any recourse for me

David Soble
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David Soble
answered on Oct 29, 2022

If he failes to endorse the deed, you may have to bring legal action. Your question begs for more questions. Was this your 'mother's"home initially? Are you a personal representative of the estate? Was a probate even filed? If not a probate, could this be a partition action? So... Read more »

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2 Answers | Asked in Probate for Michigan on
Q: No will.

No will. My mother is deceased. She has been remarried for 9 years, her spouse is a Texas resident. She had a home in Michigan for 22 years

The home is in her name. Her domicile is in Texas. There will not be probate in Texas, no property. She also has 4 adult children. Who will receive... Read more »

David Soble
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David Soble
answered on Oct 3, 2022

We would have to first see the deed to the MI home. Secondly, a probate can be opened in MI when real estate of a decedent is located here. It is preferable to open probate however where the decedent was domiciled. www.provenresource.com

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2 Answers | Asked in Car Accidents and Civil Litigation for Michigan on
Q: The neighbors dead tree fell on my daughters car completely destroying her sunroof and back window. Not from a storm

There was no storm, the tree was dying and neglected by the neighbor, causing it to snap and fall on my daughters car, completely destroying her sunroof and back window. Can we sue the neighbor for the damages in small claims court? We have lots of pictures and videos.

David Soble
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David Soble
answered on Sep 6, 2022

It is probably best that you file a claim with your insurance company (auto or home) and then let the insurance company through subrogation, substitute in to bring the claim against your neighbor if warranted. Try that first.

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1 Answer | Asked in Real Estate Law and Divorce for Michigan on
Q: My wife and I are separating. We refinance our house last October 2021. I signed even though her name is on the mortgage

We have lived in this house for 18 years. I plan to file for divorce once I move. I have paid half the mortgage and utilities since 2004. Contacted the court today and found out she use a Lady Bird Deed? She put her niece on it. My question is am I a homeowner as well even though her name is on... Read more »

David Soble
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David Soble
answered on Sep 5, 2022

A lady bird deed is only effective upon death, and so your wife could only deed out her interest in her portion of the property at the time of death. It has no effect during her lifetime. Even though there is a ladybird deed, a court will likely divide the property interest equally between both... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: I live in a house in detriot that my neighbor that went to a nursing home I believe she die in the pandemic

What do I do I pay the taxes up

David Soble
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David Soble
answered on Sep 5, 2022

You can go to 400 Monroe St. and pay the property taxes for your neighbor using the regular home address. This however, does not entitle you to own the property. If you wish to obtain the property, you will need to reach out to the person handling the estate of your neighbor, and purchase the... Read more »

1 Answer | Asked in Real Estate Law and Probate for Michigan on
Q: How do I transfer property from a deceased parent to one of his sons?

Probate court is currently open, which doc would we need to send to the deeds office?

David Soble
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David Soble
answered on Aug 29, 2022

Real estate and probate matters very frequently intersect. You need to first confirm that you have authority from the court to transfer or convey real estate out of an estate. If you do, then the personal representative has authority to create a deed during the pendency of a probate estate... Read more »

1 Answer | Asked in Child Custody and Civil Litigation for Michigan on
Q: Why do attorneys think that $300/hr is 'running a business'. They are just taking advantage of people in need.

Civil attorneys are hard to find. Where can I find one in detroit metro, michigan.

David Soble
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David Soble
answered on Aug 4, 2022

A majority of lawyers are no different than doctors, accountants, or other licensed professionals. They are in business for profit. Fortunately, there are resources through the Michigan State Bar Association for a referral to an attorney or legal aid society who may be able to assist at a... Read more »

2 Answers | Asked in Foreclosure and Real Estate Law for Michigan on
Q: Is there anything I can do

I received a forfeiture notice today my land contract do not have a forfeiture clause does she have to foreclose

David Soble
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David Soble
answered on Jul 29, 2022

When it concerns a Michigan land contract, default remedies must be spelled out in the provisions of the agreement. The legal language must give the seller the ability to proceed with a forfeiture, otherwise, the seller will need to proceed with other remedies. See more about land contracts at:... Read more »

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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

David Soble
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David Soble
answered on Jul 25, 2022

You will need to pull a copy of the easement agreement from the county recording office. Proceeding without permission from the entity that owns the easement is risky. Is this a utility easement or sewer easement? Who owns this easement? You risk having to take down the garage at a later date if... Read more »

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.

David Soble
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David Soble
answered on Jul 20, 2022

A purchase agreement is a legally binding contract. Generally speaking, If the seller represents that an item will remain at the home after the sale, then they need to leave that item when they close on the home. See more at www.provenresource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: What happens if I'm selling my house and a bomb shelter is found buried on the property?

This house is in town on a small lot in an older neighborhood

David Soble
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David Soble
answered on Jul 20, 2022

It depends on when the bomb shelter was discovered. If you found while you are in the process of selling your home, then you should disclose it. If you were unaware of its existence on your property until after the sale, then generally there should be no disclosure issue. See more at:... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: How do we sever/retain the mineral rights on land before selling the property? No other sever records found on record

We believe there are methane pockets on our 4.9 acres of land. It is not yet verified, but we would like to retain the mineral rights to the property before we sell it.

Our realtor told us it is better to sever the rights while we still own the property and before we have a buyer, or it... Read more »

David Soble
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David Soble
answered on Jul 20, 2022

The purchase agreement and conveyance instrument will dictate whether or not you retain mineral rights. People sell or lease mineral rights on property every day- but these rights are still regulated by the state law in which the property is situated. Texas law has nothing to do with Michigan... Read more »

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