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Questions Answered by David Soble
2 Answers | Asked in Real Estate Law for Michigan on
Q: We discussed a price with the realtor, then he listed it for 50,000 less than we discussed. What can we do?
David Soble
David Soble answered on Sep 24, 2021

A listing needs to be endorsed by the property owner. Did you sign the document in blank? The list price should be listed on the listing agreement at the time of signature. If you have further problems, I would suggest first calling the agent's broker to get it corrected.

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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 »

David Soble
David Soble answered on Sep 9, 2021

If you state that there was no written contract, then you do not have a valid purchase agreement. Real estate transactions, especially those dealing with a purchase, require that the contract be in writing pursuant to the Statute of Frauds. My suggestion is that you return the deposit, because... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question.

A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property

No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... Read more »

David Soble
David Soble answered on Sep 9, 2021

If the agreement was for you to "hold the property from putting the home on the market, for a short then you may be able to keep it. Otherwise my suggestion is that you return the deposit. Without a written purchase agreement, you do not have a valid contact. Real estate transactions,... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: We had a 12 month lease which ended in 2019, but I'm still living in the rental. Never signed a new one.

Expired lease and rules in the expired lease still apply?

David Soble
David Soble answered on Sep 2, 2021

The terms of a one year lease continue to control the relationship between landlord and tenant upon the expiration of the lease and the tenants remain in the property. This is called a month to month tenancy. Your "new" tenancy expires at the end of each month.

For more...
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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
David Soble
David Soble answered on Sep 2, 2021

It is not clear on what you are asking, but the "Rule of Law" is what individuals, business entities as well as government institutions are required to abide by, provided that these laws are known to the general public, and are fairly enforced by an independent judiciary. I hope this helps.

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3 Answers | Asked in Real Estate Law for Michigan on
Q: How do I get a seller disclosure on a property I closed on?

How do I get a seller disclosure on a property I closed on?

David Soble
David Soble answered on Aug 19, 2021

If you don't have a copy of your seller disclosure or a copy of your purchase documents, you can have your agent's broker provide them for you. By law, these sales people have to retain copies of the transaction. On another note, real estate sales people can charge a "compliance... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a landlord come in & take pictures of the house while your occupying it because they plan on selling it?

I am a renter of a house for 2.5 years now. The landlord is going to be listing it to sell, but can they come inside to take pictures for the listing while I live here with all my personal belongings in it? I do not have any kind of written lease agreement or contract. Just a month to month rental.

David Soble
David Soble answered on Aug 2, 2021

Yes, if the lease provisions allow for the landlord to show the home to prospective purchasers, then they can come in an photograph the interior of the property.

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3 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Purchase agreement signed and homeowner passed away. House was in a trust. Given to one trustee as a life estate.

In the process of buying a home. Trustee passed away after purchase agreement signed. Other trustee alive. Home was given as life estate to the one that passed. Trust stated he could sell and had to share profit with any living trustees. (Sister gets 1/3). Is the purchase agreement still valid?

David Soble
David Soble answered on Jul 30, 2021

The provisions of the Trust should control. Regardless of their recent passing, if the seller had the authority to sell the property during their lifetime, then the other beneficiaries of the trust are also bound by that provision. See ProvenResource.com for more information.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I live In Westland Mi. Can I use my security deposit to pay my last month's rent when I am moving out?
David Soble
David Soble answered on Jul 9, 2021

Generally not. Most lease provisions will prohibit using security deposits for the last month's rent. Security deposits are used to offset any damages or other fees owed to the landlord upon the expiration of the lease. However, if you and your landlord agree otherwise, then you should do so.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Lis pendens property judgement

A neighbor filed a lis pendens (adverse possession) on my father’s property ‘in 02. The lis pendens ended in a judgement in my father’s favor (got to keep the property, but no improvements could be made to formerly disputed property). The neighbor has died and sold the property. I purchased... Read more »

David Soble
David Soble answered on Jul 9, 2021

The lis pendens should no longer affect the title of the property and can be discarded by any competent title examiner if you have either a dismissal of the action or a final court adjudication showing a favorable judgement against the party who initially filed the lis pendens. See more at:... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: What does this statement from a warranty deed mean?

What does this statement mean exactly in lay terms: ..."for $100,000 subject to easements and building and use restrictions of record and further subject to any encumbrances that have arisen under or through Grantee since September 2019, the date of the land contract pursuant to which this... Read more »

David Soble
David Soble answered on Jun 26, 2021

It means that any real estate interest that you take from this grantor is subject to other claims or interests. A good real estate attorney will inquire into what these outside or external interests are and how they affect the ability of the grantor to provide clear title to the grantee, free and... Read more »

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2 Answers | Asked in Business Law for Michigan on
Q: Can money be returned after 6 months?

My company accidentally sent a check to a company ( Company A) with the exact same name as the actual receipt company of the check (Company B). When the check was sent it had all of company As information and was deposited without an issue. Unfortunately that check was sent and cashed in early... Read more »

David Soble
David Soble answered on Jun 18, 2021

Company A cannot keep the monies for work or services it had not performed. Should you decide to bring an action against them it is very likely you would prevail. From your facts as presented, this should not be difficult to resolve.

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2 Answers | Asked in Products Liability and Collections for Michigan on
Q: My brother cosigned for a vehicle

He was summons today for the remaining balance of the vehicle. It was sold after repossession at an auction. I am responsible for the debt and I want to take care of it. He has a family and I don't want to create a financial hardship on him. Can I respond to the summons asking the court to... Read more »

David Soble
David Soble answered on Jun 1, 2021

Cosigners essentially act as guarantors of a debt when one codebtor defaults on the underlying debt obligation. I doubt you can remove your brother's obligation as he was a cosigner, but you can make the proposal to your creditor to pay back your back loan payments under a settlement or... Read more »

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Does the CDC eviction moratorium apply to land contract forfeiture?
David Soble
David Soble answered on May 23, 2021

No. Land Contracts are not leases and occupants under a land contract are purchasers, not tenants. In either case, during the pandemic, the court dockets have long delays, so if you can work out a settlement with the other party to resolve your issues, it will benefit both sides.

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?

David Soble
David Soble answered on May 13, 2021

The best receipt for a home sale is a deed. Anything else is suspect and may not evidence the parties intent. See more at www.provenresource.com

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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 »

David Soble
David Soble answered on May 11, 2021

I would want to know who was responsible for the transaction failing to close on the contract date. Moreover, the language in the purchase agreement about the closing date controls. What does the purchase agreement really say..."on or about...." is different than "on or before"... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can sellers realtor sue me if I cancel purchase agreement when closing did not occur by date listed in Purch. Agreement?

My realtor says I was within my right to cancel but also suggests I release all or part of earnest money to seller to make the sellers broker go away. Will I end up paying more if he takes this to court? Closing was to occur by 4/23 and I cancelled on 4/28.

David Soble
David Soble answered on May 4, 2021

Generally "no," the seller's agent has no rights against you directly for commission or any other fees. Their agreement is between the seller only. However, a buyer's agent can bring an action against you for their portion of the commission that buyer agent would have earned... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Am I able to sue for damages of undisclosed fire damage in my home?

Hello, hopefully I can get some answers as local attorneys i've spoken with have told me I am out of luck. Approximately two years ago I purchased my first home. Last year when I went to replace drywall and flooring I discovered that my home was structurally unsound, even being condemned by... Read more »

David Soble
David Soble answered on May 1, 2021

Past fire damage is definitely something that a seller should disclose about their home if indeed the seller knew about the past fire damage and that it affected the structural integrity of the property (known structural issues are a line item on the disclosure form).

Under Michigan law,...
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2 Answers | Asked in Business Law and Civil Litigation for Michigan on
Q: For a Video of themed addresses Owner Release / permission required if I only use publicly obtainable images and info?
David Soble
David Soble answered on Apr 30, 2021

Generally speaking, it is unlikely that images in the public domain require a release as they can be used by almost everyone, including businesses.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have lived in my house for 10 years. Now the neighbor behind me is saying the fence is on 2ft of his property.

He says he will take fence down and I have to pay to put one up. This includes 5 other homes on the block. Don't I own the property since I have maintained it? He is just now saying something.

David Soble
David Soble answered on Apr 25, 2021

Unfortunately no. You would need to have 15 years of maintenance to assert an action for adverse possession. The statutory period for acquiescence is also 15 years, and just like adverse possession, the acquiescence of predecessors in title can be tacked in order to establish the 15 year period .... Read more »

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