Commerce Township, MI asked in Real Estate Law for Michigan

Q: I just found out my land contract seller never signed any contract but told me he did what are my rights

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 do I have has the buyer now that he didn't sign the land contract but told me he did

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

A: A contract in real estate in Michigan needs to be written. If you didn’t both sign, you don’t have a contract. You can TRY to claim otherwise but there isn’t a great chance of success.

You MAY have more success claiming the payments you DID make were accepted under false pretenses and ask for a refund of all the money paid but there are alternates.

Bottom line, you apparently didn’t have an attorney when you bought the place (or else they would have insisted the signed contract was recorded) and you are about to receive a visceral definition of ‘penny wise and pound foolish’. You need an attorney now. You cannot afford to NOT have an attorney but it will an expensive case to try. But the ‘down side’ is losing your house AND all the payments you have made so far.

Get a local real estate attorney ASAP.

— I am licensed to practice in Michigan only. This answer is offered for information only and does not constitute legal advice or create an attorney-client relationship. Please seek local legal representation ASAP.

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

A: 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 agreement with legal consideration (something of value). For more information, see www.provenresource.com

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