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The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?
answered on Mar 2, 2022
Generally, in Michigan, when limbs of a tree hang from another’s property onto your property, you may have the right to trim the limbs that extend past the property line. However, two things are VERY important to know: (1) you may only trim up to the property line, and (2) you may only trim it... View More
They just sent me a text message saying that they can’t go through with the deal because they can’t get a contractor. However that’s not my problem. Can I take them to court and force them to close.?
answered on Feb 14, 2022
You can bring a lawsuit provided that the purchase agreement allows you to do so. The legal remedies available to you are listed in the purchase agreement. Most likely, when you are dealing with a real estate investor / company, the only money that you can retain for damages is the amount of the... View More
Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... View More
answered on Feb 14, 2022
Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.
Our Son and Uncle own a home we are selling. Our Son moved away last year and we have done all the improviden improvements and upkeep. We agreed on$5000 but later told him $6000 in a text. He has since said he wants half which isn't reasonable. Can he be held to what we agreed on. He... View More
answered on Feb 13, 2022
Generally, text between parties can be used to show agreements and understandings between them, even where there may not be a written contract or signatures. The conduct of a particular party performing certain tasks or actions in reliance upon statement made in text communications can be used by a... View More
Are there laws preventing the agent from doing this?
answered on Feb 13, 2022
Sharing personal information is addressed in the purchase agreement and listing agreements. If it is not specifically addressed and excluded, then there is little if anything that you can do legally.
I am currently renting an apartment in Michigan and am having problems with the property manager. I placed an Anti-Intrusion device over the deadbolt of my door, for added security while at home. The manager is telling me this goes against my lease agreement, as per a rule stating that locks cannot... View More
answered on Feb 13, 2022
If the lease provisions require permission from the landlord to change the locks, then the property mgt. company can prevent the installation of new locks. If you feel that the current locks are insufficient to provide you with adequate protection, then you should consult with the property mgt.... View More
answered on Feb 7, 2022
It will depend on the occupancy clause in the purchase agreement. If the agent did not put a date for the buyer's occupancy (not good) then, generally speaking, at the very least, the seller would have 30 days to vacate from the date of closing. Thereafter, the buyer could provide a 30 day... View More
What do I do?
answered on Feb 13, 2022
Your building agreement should require that the work performed by the builder be done in a workman like manner. If you are having issues with drainage or grading, you should first go to the building dept. at your municipality and see the plans that the builder filed. Then ensure that the site... View More
I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we... View More
answered on Jan 12, 2022
Sorry to learn about your circumstances.
To prevail in a Seller Non -Disclosure Action- which is essentially a fraud action, you need to prove that the Seller intentionally made statements or omitted information designed to mislead the buyer. In other words, the Seller had to have a... View More
With 2 people being on the quitdeed in case something happens to one of them
answered on Jan 7, 2022
Deeds must contain the "magic" language to convey title properly to a grantee. Failing to have this language may create legal problems and unnecessary expense if the deed is not drafted properly.
There are several types of deeds and there are various ways that title can be... View More
Their kids have defaulted on the LC and are now trying to sell the home. Can we place a lien against the home?
answered on Jan 4, 2022
I don't see why you would need to put a lien on your home when you are selling it under a land contract. You, as the seller, should still have title in your name. The buyer needs a deed from you to do anything with it including closing on the sale of the home. Should they wish to sell the... View More
Is it considered subleasing? Would I still be held reliable to pay the remaining months rent?
answered on Jan 15, 2022
Your landlord has a duty to mitigate their damages. If they lease the property out immediately, then it is unlikely that they will have an action against you for back rent. They do have the right to pursue you for any material damages that you may have caused- so make sure that you timely complete... View More
My offer will be contingent on a Workmans Comp settlement hearing on 1/18/22.
answered on Dec 25, 2021
You are welcome to contact us at 888.789.1715. Until then, you can also visit www.ProvenResource.com for more information related to your purchase. Best of Luck,
Soble Law
my cousin had me sign A mIchigan Life deed and now keeps taking me to court to try and evecit me, he is now suing for a Quiet Title. What are my rights?
answered on Dec 9, 2021
Your legal rights to the property will be dependent upon the terms as specified within the deed. My suggestion is that you send over a copy of the deed to a competent real estate attorney to review. See www.provenresource.com/deeds for more information. https://provenresource.com/deeds/
Both houses are in the same city in Michigan. We own them as joint tenant in common with right of survivorship.
answered on Dec 12, 2021
Whether or not you receive a principal residence property tax exemption will ultimately be decided by the municipal tax assessor. Yes, the assessor will look at the deeds and how you and your girlfriend hold title together, but more importantly, they will investigate to determine who lives in the... View More
does this make me liable for the loan
answered on Nov 26, 2021
The answer depends on what you wish to do with the home.
If you are probating the home, and you are the personal representative for your father's estate, you will not be liable for the debts of your father, including his mortgage. As the personal representative, you can sell the... View More
I just found out my land contract seller never signed any contract after telling me that he did he's trying to take that position of the property because I am only a month behind and just trying to say that a repossession of property is an eviction which I found out it is not but what rights... View More
answered on Nov 28, 2021
Even if your seller did not sign the contract, when the seller took any money from you under the premise that there is a land contract, then there is a legally presumed agreement. So, generally speaking, the terms of the land contract can be enforced in court if you initially met the terms of your... View More
Seller had home for sale for $239,900. We offered $250,000, and the buyers agent claimed that they had accepted another offer but would let us know if it falls through. A few minutes later, it shows the house raised to $289,900 and doesn’t say it’s pending. How is this possible?
answered on Nov 28, 2021
A seller can raise the market price at any time. Unless you have a signed purchase offer, then there is nothing really that you can do to compel the seller to sell the home to you at the lower price.
See www.ProvenResource.com for more information.
Part of an advertisement states that buyers have the option to use a certain title company in conjunction with proceeding with sale of real property. If the buyer of the sale chooses to use a different title company, not the one recommended, what's the process for ensuring inclusion of... View More
answered on Nov 5, 2021
It is all based upon contracts. Write the name of the title company / agent into the purchase agreement. Sellers have the right to select the title company that they choose to close with, and so too, do buyers. So if the seller wishes to have their agent, and the buyer selects their own agent,... View More
In the seller disclosure it says the property has had no signs of settlement, foundation or water issues. But there are clear signs of uneven floors. The inspector noted doors not closing because of it being painted too much. Realtor and contractor and inspector said the foundation looked solid... View More
answered on Oct 25, 2021
In these cases, you would have to prove that the seller knowingly disregarded the truth (fraud) and that you relied upon these representations. Also, if these structural issues were apparent through your own visual inspection before the sale, then you too, have a duty to investigate further.... View More
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