Adrian, MI asked in Real Estate Law for Michigan

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

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2 Lawyer Answers
Kenneth V Zichi
Kenneth V Zichi
Answered
  • Howell, MI
  • Licensed in Michigan

A: It is unclear what you are asking, but I gather you are talking about a certificate of affixture of a mobile home? There is a state approved form that should be filed with the register of deeds, and it should have been recorded either before or at the time you bought the land. Did you get the title transferred instead? If you got title insurance they should have taken care of this at the time too -- you may be able to lean on them to get this resolved if it was not done properly. However, the situation is far from clear and before you do anything you need real advice.

Without seeing both what was done and the contracts you entered into it is impossible to say for sure what needs to be done, but you should ABSOLUTELY seek the advice of a local licensed attorney who can look at all the paperwork and provide real answers. A lawsuit is an ABSOLUTE last resort move. Please don't think that is a good way to resolve this as it will likely be far more expensive than any other option!

--This answer is offered for information only and does not constitute legal advice nor create an attorney/client relationship. Please seek local representation if you still have questions.

David Soble
David Soble
PREMIUM
Answered
  • Farmington Hills, MI
  • Licensed in Michigan

A: 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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