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Questions Answered by David Soble
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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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Is there anything, in Michigan, a renter has to sign that states specifically that they’re off of a lease?

I’ve moved my furniture out of the place, returned my keys, and have started the process of returning my deposit. Is there a written agreement in Michigan specifically that is required?

David Soble
David Soble answered on Apr 14, 2021

A lease is a contract. Generally, the parties are bound by the provisions of a signed lease. Turning in the keys is a unilateral step only. Without the landlord's release, you would still be obligated on the contract.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: LLC formed in new york want to use it for a rental property in michigan do I need to obtain a Certificate of Authority
David Soble
David Soble answered on Apr 14, 2021

You should register your company with the state of Michigan as a foriegn corporation doing business in Michigan. Among the primary reasons for registering is so that you have the ability to either initiate or defend a lawsuit in the Michigan courts.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: my wife and i live in michigan. we purchase a rental in wisconsin. the deed says we own it as husband and wife.

if one of us dies, does the property have to go through probate court?

David Soble
David Soble answered on Apr 5, 2021

Holding title to a property as "husband and wife" is another way of holding title jointly with the rights of survivorship.

Generally speaking, when one spouse passes, the other will take title to the property immediatey. This all happens without having to go through probate.

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2 Answers | Asked in Real Estate Law and Tax Law for Michigan on
Q: I'm listed as a resident at an address I've never lived at.

I just did a search online and found that I'm listed as a resident at an address in Michigan. But - here's the fly in the ointment - I've never lived in Michigan. I've never even lived in the USA (I was born in and have been a citizen/resident of another country for my entire... Read more »

David Soble
David Soble answered on Apr 5, 2021

You can try to record an Affidavit of Suspected Fraud related to the property with the Register of Deeds. It would put anyone who was interested in the property on notice that you have no relationship to the home. Additionally, if you have a credit report, notify the credit reporting agencies that... Read more »

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2 Answers | Asked in Bankruptcy, Foreclosure, Real Estate Law and Business Law for Michigan on
Q: Ref: CHAP13;indivdual;only one case. What is the length of CHAP 13 "automatic" stay ? Is it minimum 60 days ?
David Soble
David Soble answered on Mar 29, 2021

An automatic stay to prevent a property from going to foreclosure will remain in effect until the bankruptcy court lifts the stay. If a debtor follows the bankruptcy protocal on a chapter 13 plan, the stay remains in force. There is no set time frame for the stay to be removed unless there is non... Read more »

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1 Answer | Asked in Real Estate Law for Michigan on
Q: does 2nd addendum to purchase agreement supersede first addendum?

we have signed agreement to sell house. with addendum including appraisal guarantee - that buyer will pay the difference if appraised price is lower than agree-upon price. 2nd addendum includes other concessions like home warranty. all addenda seem to state clearly that they supersede any conflict... Read more »

David Soble
David Soble answered on Mar 26, 2021

A purchase agreement can have multiple addendums. With each new addendum, the provisions found in the earlier purchase agreement and or addendums will remain unless they are specifically revoked.

2 Answers | Asked in Real Estate Law for Michigan on
Q: Mom decided to add my name to the deed found out she added my sons name on it so now i need to no which deed is real
David Soble
David Soble answered on Mar 10, 2021

Depending on how your mother's interest is reflected in the deed, any new deed where she she adds a person, will be the most recent deed provided that it is drafted properly. Not only does the deed need to be signed, dated and acknowledged properly, deeds have to contain the proper legal... Read more »

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2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: How can I allow my wife to remain in my home until her death & then allow my child from a previous marriage to inherit ?
David Soble
David Soble answered on Mar 10, 2021

This is where real estate law and estate planning law intersect. You will need to either create a will or a trust, or in certain circumstances create a ladybird deed. You can create a life estate in a deed, or create a lease agreement as well. My suggestion is to consult with a real estate... Read more »

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2 Answers | Asked in Real Estate Law for Michigan on
Q: can you sue for breach of contract if seller does give the right affidavit of fixture paper .

the paper was recorded wrong back in 1997 and the wont sign a addunmet are contract is over this friday.we waited 3months they have to fix the error then everything is good

David Soble
David Soble answered on Feb 28, 2021

If both parties to a contract perfom on a contract that is inconsistent with the terms of the contract, then in certain circumstances the perfomance can be used to show a new agreement or understanding between both parties. See ProvenResource.com for more information.

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2 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

David Soble
David Soble answered on Feb 28, 2021

As uncomfortable as it may seem, you will have to go through the eviction process. The first step would be to issue a Notice to Quit. That may be enough to encourage her to move, but not always. Good luck. See www.ProvenResource.com

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I want to sell my home without my wife’s signature. The home was purchased in my name, but during the marriage.

I have the title and loan in my name only.

David Soble
David Soble answered on Feb 6, 2021

In 2017, Michigan ended what you describe as "dower rights." A spouses signature is no longer required to convey property. However, this does not mean that the title insurance company's won't still require her consent in order to convey marketable title.

See...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I sue a home inspector who had falsely report roof conditions?

Hired Home inspector before closing on a home. Inspector's report stated roof was in good condition for 6-10 years. I purchased home. Less than a month of owning home, Homeowners insurance company stated roof was in terrible condition. I had to replace roof before I could be insured. Looking... Read more »

David Soble
David Soble answered on Jan 31, 2021

Normally, home inspectors limit their liability to the amount of the price of their inspection report. They state this in their contract with the prospective homeowner. However, they are not protected from gross negligence. It is important for you to have an attorney review the home inspection... Read more »

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