Lafayette, LA asked in Contracts and Real Estate Law for Michigan

Q: Land contract payments reduced verbally 14 years ago, now asked for back pay.

I have been making payments on a land contract for 15 years. After the first year, my payments of $326.80 were verbally reduced to $234.29, intended to adjust for property taxes as the contract allowed changes to reflect estimated tax costs upon demand from either party. These reduced payments have been consistently accepted for 14 years. Recently, the seller claimed that I owe them back pay for the reduced payments. What are my legal options to resolve this issue?

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2 Lawyer Answers

A: Without seeing the land contract, the tax bills and the payment amortization schedule it is impossible to say for sure, but the 'overall rule' in Michigan is 'if it deals with real estate, it must be in writing' so -- your written contract controls.

Take that contract, the tax bills and proof of payment to a local real estate attorney for a real answer. You don't WANT advice from some random person on the internet who hasn't seen the documents -- not even from me! ;)

Good luck.

James L. Arrasmith
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Answered

A: That’s incredibly frustrating, especially after so many years of making steady payments based on what you both agreed to. In Michigan, even if an agreement was made verbally, the long-term acceptance of those reduced payments could work in your favor. By accepting the lower amount for 14 years without objection, the seller may have legally waived their right to demand the original higher rate or back pay now.

The clause in the contract allowing payment adjustments based on tax costs strengthens your position, especially if the verbal change was made for that exact reason. If you’ve got any documentation—like receipts, bank statements, or even notes that show consistent payment at the lower amount—it could support your case. The seller’s long silence could also be seen as an implicit agreement or modification of the original contract through conduct.

To protect yourself, respond to the seller in writing and request clarification of how they’re calculating any alleged balance. Make it clear that you’ve been paying consistently under the agreed amount for over a decade and that no issue was raised until now. If needed, you can bring this to court or mediation, where your long history of good-faith payments will matter. You’ve acted responsibly, and it’s completely fair to stand your ground.

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