Get free answers to your legal questions from lawyers in your area.
Hello,
I had my property demolished recently and post demolition the contractor is asking for more money than the agreed amount stating that the city inspections had them fix the approach to garage as it was broken. We had gone back and forth over emails and texts as whose fault its, with... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Jun 12, 2023
An attorney would need to review your current work order agreement with the contractor. Generally speaking, a licensed contractor has a legal remedy for when they are not paid on a particular project - they can record a construction lien on the underlying property, and, if payment is not... View More
I bought a property in Mount Clemens MI and the seller intentionally left behind garbage and some personal belongings, spoke with the seller to come pickup his items and he didn't respond . I told him he has a week to get his stuff out of my house and he never showed up. What can be done next,... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Jun 10, 2023
Generally, most purchase agreements call for the seller to leave their property 'broom swept." If you made several attempts to contact the seller either directly or through their real estate sales agent, you shouldn't have to do any more for them. If it were me, I would give them... View More
are deceased 9 children 3 deceased
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Jun 8, 2023
Because your mother has not been named on the deed, she still may have rights under a will to take the property, or she still may have the opportunity to take the property pursuant to filing a probate action since your father passed intestate. A real estate or probate attorney will still need to... View More
Rained a week after buying, 3’ round puddle formed in basement tried contacting seller to resolve issue they refused to talk. We did forgo building inspection but they lied in seller agreement. Talking to lawyer planing on suing seller to buy home back or pay for flood repair in basement. Is it... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Jun 8, 2023
We do our fair share of litigation in Seller Bad Faith. Even if you choose to waive an inspection, if you relied upon the Seller's Disclosure and can prove that the Seller knowingly disregarded the truth when they completed the disclosure statement, you may have a case. There is a high burden... View More
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 David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
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,... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
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... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
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... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
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 David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
How do we transfer ownership to my mom, then her children in the future and avoid probate?
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
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... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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,... View More
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 David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
He will not sign the refinance papers he won't sign a quick deed is there any recourse for me
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
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... View More
Under that MCL, "Any person, whether he is in possession of the land in question or not, who claims any right in, title to, equitable title to, interest in, or right to possession of land" may seek such an action. Does a renter, through a lease, meet that criteria? Specifically, the... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on May 13, 2024
To bring your action, you have to have a fee simple interest in the property, which you do not have. However, nothing prevents you from assisting your parents from asserting their rights and you advance funds to help them do so.
My sister served me with a eviction papers after my mom passed away and the courts ordered the eviction and now my lawyer is sending it the house in the probate. Does that cancel out my eviction do I have to leave my house?
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Mar 21, 2024
Great question. If the court order has been entered, then the fact that there is an estate opened now on the file is of no consequence. The estate will have a personal representative that will be tasked with completing the eviction process. I hope this helps.
Sometimes I fear he sells it without me knowing before he plans to leave me, leaving me with nothing….this is anxiety but better safe than sorry
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Dec 2, 2023
You could record a claim of interest on the property if in fact you had a legal right to the subject property. You must be careful as you could be slandering his title interest. Therefore, it is best to seek have a real estate attorney review the title abstract first, and then get with you as to... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Nov 30, 2023
Not quite sure what your question is, however, in general there is a redemption period for most foreclosure sales - meaning that the homeowner is given a specified time after the foreclosure sale to still pay off the mortgage lender and retain ownership of the home. This is called the redemption... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Oct 20, 2023
Generally speaking, 'Yes' provided that an estate for the decedent is opened and the personal representative of the estate decides to pursue or continue the lawsuit.
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Aug 24, 2023
Your grandfather's deed violates Michigan's rule against perpetuities (every attorney's favorite legal concept.) Suggestions that a title company can sort this out are misguided - only a judge in a court of competent jurisdiction can dictate the legal impact of the language... View More
His Family told me I have 30 days that they are returning the house to the bank we have a lease and every receipt for the last 3 years almost 4 we lived here and what do I do with the rent money they are asking me to give them
![David Soble David Soble](http://justatic.com/profile-images/732893-1475091328-sl.jpg)
answered on Aug 4, 2023
You would need to present your lease agreement to a real estate attorney to review. There are provisons in leases that allow the contract to continue even if the primary parties (landlord or tenant) pass away. A real estate attorney can assist you with that. For more information, see... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.