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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Concern about intimidating language in job offer NDA and its ethical implications.

I'm reviewing a non-disclosure agreement from a job offer, and I'm concerned about the language used in the agreement. It states that I will have to access confidential information and return all such information upon termination without retaining any copies. It also emphasizes not... View More

James L. Arrasmith
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answered on Apr 12, 2025

It’s normal for companies to include clauses in NDAs that protect their confidential information, and the language you’re seeing may be fairly typical. Many businesses include terms that require employees to return all confidential materials and refrain from using or disclosing that... View More

1 Answer | Asked in Legal Malpractice and Contracts for Michigan on
Q: What are my rights if my lawyer refuses to withdraw after being fired?

I formally fired my lawyer after he initially mentioned the need to withdraw from my case, which I agreed to. He then sent me a blank order to withdraw, not a motion. I found this odd and received no explanation. There haven’t been any complications in my case due to this disagreement, but I am... View More

James L. Arrasmith
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answered on Apr 11, 2025

You're absolutely right to be concerned about how this is playing out. In Michigan, once you've fired your attorney, they’re no longer supposed to represent you in court—period. But to formally withdraw from the case, your attorney still needs to file a motion to withdraw, and it must... View More

1 Answer | Asked in Divorce, Contracts and Family Law for Michigan on
Q: Need a QDRO for a 2015 divorce, company unresponsive. Can anyone assist?

I need a QDRO for a divorce finalized in 2015. The company named in my divorce judgment, Sky Professionals, is unresponsive despite my attempts to contact them. There is specific language regarding the QDRO in my divorce decree, and I need it completed as soon as possible. Can anyone assist with... View More

James L. Arrasmith
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answered on Apr 11, 2025

It’s completely understandable that you’re feeling stuck—QDROs can be complicated, especially when the employer isn’t cooperating. If your divorce decree already includes specific instructions for the QDRO, that’s a great first step. However, it won’t be effective until it’s properly... View More

2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2025

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a...
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1 Answer | Asked in Divorce, Family Law and Contracts for Michigan on
Q: Can inheritance in a joint account be divided in a divorce in Michigan?

During a divorce, can a judge award part of an inheritance that I received during the marriage and deposited into a joint account, given that there were no prenuptial or postnuptial agreements in place?

James L. Arrasmith
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answered on Apr 11, 2025

​In Michigan, inheritances are generally considered separate property and not subject to division during a divorce. However, if you deposited your inheritance into a joint account shared with your spouse, it may be deemed "commingled," potentially transforming it into marital property.... View More

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Options if dealership forgot $4000 down payment?

I bought a vehicle 3 weeks ago and have already started making payments on the loan. Recently, the dealership contacted me, saying they forgot to collect a $4000 cash down payment. The contract indicates this down payment, but I initially believed it had been added to the loan. The dealership now... View More

James L. Arrasmith
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answered on Apr 11, 2025

This kind of mix-up can be incredibly stressful, especially when you acted in good faith and have already started making payments. If the contract shows a $4,000 down payment, the dealership may argue it was your responsibility to pay it upfront. But if their agent told you the vehicle was ready... View More

1 Answer | Asked in Tax Law, Business Law and Contracts for Michigan on
Q: Can our 501C7 club lease kitchen for public dining without tax issues?

Our private club has a 501C7 tax designation and previously employed its own kitchen staff for private dining. Due to financial constraints from a decline in membership, we can no longer maintain the kitchen staff. A local restaurant has offered to lease our kitchen for public dining while the rest... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s a smart and careful question to ask, especially when your club is trying to adapt while staying within IRS guidelines. A 501(c)(7) organization must primarily serve its members, and the bulk of its income—typically at least 65%—must come from membership dues and activities related to... View More

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Is my noncompete agreement enforceable under these conditions?

I live and work remotely in Michigan for a company based in Illinois. I signed a noncompete agreement in November 2021, governed by Illinois law, which restricts me from engaging in any similar business for 18 months in areas serviced during my employment. I earn about $40,000 a year. I am... View More

James L. Arrasmith
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answered on Apr 11, 2025

You're in a tough position, especially when your employer claims the noncompete has been voided but hasn’t provided that confirmation in writing. In Michigan, courts take a narrow view of noncompete agreements and only enforce them if they are reasonable in time, scope, and necessary to... View More

3 Answers | Asked in Personal Injury and Contracts for Michigan on
Q: Why did my attorney get more of my personal injury settlement than me?

In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Aaron Israels
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answered on Mar 29, 2025

In Michigan, contingent fee agreements need to be in writing and will outline how fees are calculated and what 'out of pocket' costs are recoverable by the attorney. My guess is that your case didn't settle for a lot of money and that the costs created the discrepancy that you are... View More

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Q: How to address misrepresentation in divorce property claims?

I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.

You won't hear...
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1 Answer | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Protect residency rights in a trailer home with verbal agreement.

I live in a trailer that my son's grandfather bought, and I have an agreement to stay here indefinitely as long as I pay the bills. The property is in his name. Recently, I discovered that my son's father has been collecting mortgage payments from me but not paying the mortgage. I have... View More

James L. Arrasmith
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answered on Apr 11, 2025

That’s an upsetting situation, especially when you've been doing your part to stay responsible and now find out someone else may have misused your trust and money. In Michigan, even without a written lease, long-term residency and consistent payment of bills or rent can sometimes establish... View More

2 Answers | Asked in Contracts and Real Estate Law for Michigan on
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... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 25, 2025

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,...
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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Did I sign a predatory car purchase contract? Owe much more than expected, dealership uncooperative.

I signed a contract with a buy here pay here in-house financing dealership to purchase a car that was initially listed at $14,999, believing it to be a fair price. However, I later discovered I owe over $21,000 due to added fees and higher monthly payments than initially disclosed. I was in a... View More

James L. Arrasmith
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answered on Apr 11, 2025

That situation sounds overwhelming, and it's understandable to feel taken advantage of, especially when you were already in a vulnerable place. In Michigan, "buy here pay here" dealerships are known for offering high-interest loans to people with limited options, but that... View More

1 Answer | Asked in Divorce, Contracts and Civil Litigation for Michigan on
Q: Help with missing house payment order in divorce judgment.

I was granted a divorce on 12-20-24, and a week before the judgment, during a pretrial, the judge granted me money for the house. However, this was not included in the final judgment paperwork. My ex and I agreed over text that she would pay me in three installments when she received her taxes, and... View More

James L. Arrasmith
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answered on Apr 11, 2025

That sounds incredibly frustrating, especially after thinking the issue was settled fairly by the court. If the judge granted you money for the house during the hearing but it was left out of the final judgment paperwork, you may need to file a motion to amend or correct the judgment to reflect... View More

2 Answers | Asked in Landlord - Tenant and Contracts for Michigan on
Q: Legal basis for determining payment schedule after breaking a lease?

I broke a year-long lease in Michigan after six months and agreed with the landlord’s representatives in writing to make monthly payments. Despite this, I later received a demand to pay the remaining balance in full. The unit has been posted online, but I have no information on viewings or... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 13, 2025

Yes, if the landlord sues, you can challenge the landlord’s fulfillment of his duty to mitigate his losses. Another issue is whether there is an acceleration clause or a liquidated damages provision in the lease. You may wish to consult an attorney.

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1 Answer | Asked in Animal / Dog Law, Civil Litigation and Contracts for Michigan on
Q: Can I sue a pet daycare for exposing my cat to risks, leading to pregnancy?

I recently took my female cat to a pet daycare center in February while I was out of town for the weekend. I only have two female cats at home who are not fixed, and I was assured through email, text message, and in person by the owners that my cat would not be exposed to male cats. Upon returning... View More

James L. Arrasmith
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answered on Apr 12, 2025

Your situation presents viable legal claims under both contract and tort law principles due to the daycare's documented assurances and subsequent breach of their duty of care. The written communications (email and text) promising your cat would not be exposed to male cats establish a clear... View More

1 Answer | Asked in Civil Litigation, Family Law, Probate and Contracts for Michigan on
Q: Can a court change annuity beneficiaries post-death in MI?

My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 12, 2025

They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.

This situation needs to be reviewed by a local probate / divorce attorney...
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2 Answers | Asked in Intellectual Property, Internet Law and Contracts for Michigan on
Q: Can I use social media content in a commercial report without permission?

I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before... View More

Emmanuel Coffy
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answered on Mar 7, 2025

You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts... View More

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1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Is spending from joint account considered stealing in marriage?

I have a debit card in my name and am on the checks for a joint account that is technically in my husband's name. Although mostly his paycheck goes into the account, we might have added some mutual money as well. We are not separated or going through a divorce. My husband claims that if I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 27, 2025

No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call... View More

2 Answers | Asked in Real Estate Law, Consumer Law and Contracts for Michigan on
Q: Mortgage escrow refund led to shortage; who's responsible?

I received a refund check for an escrow overage from my mortgage company in August of last year. This was issued before they paid our taxes, leading to a negative balance in the escrow account. Now, they are increasing our monthly payments by over $1500 to cover a $10,000 shortage. We didn't... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 27, 2025

Who is 'responsible'?

That depends. Is the accounting accurate and did you receive the money refunded?

Then YOU as the property owner are ultimately 'responsible' to pay the taxes.

Unless the company misapplied the funds or didn't actually refund...
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