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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I'm in Michigan. I was terminated off a general contractors job. Is it legal for him to hold on to my equipment?
Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

No. There are no facts tgat yiu have provided that would support the general contractor’s holding onto your equipment. I would want to know more about the situation in order to evaluate the possibility that the general contractor has a justification for its actions.

1 Answer | Asked in Contracts for Michigan on
Q: Charging more for cutting grass and not letting me know.

I just received a bill for 6 weeks, and the price is $24 more than I usually pay. They did not let me know it would be going up.

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 23, 2022

Unless there’s a written contract that provides for your agreement to a price increase or surcharge, you nave a point. Your agreement in some form to a price increase is required. But if you agreed to a long-term arrangement, you owe at least the lower price. I suggest that this be worked out... Read more »

1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Business Formation, Business Law and Contracts for Michigan on
Q: . Is it legal for me to sell pastries from a local bakery in my floral business without a food license?

I have a question that may appear ridiculous, but I feel compelled to ask. I'm a new entrepreneur who wants to bring the relaxing Parisian experience to Michigan. I'm in the midst of starting a luxury floral boutique

In other words, I would be supplied with fresh pastries from an... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2022

You should consult a local business attorney, but I believe at the point you are selling food items, then additional licensing may be required.

1 Answer | Asked in Contracts and Collections for Michigan on
Q: Can I request a modification of subpoena that was sent to my former credit union?

I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 6, 2022

Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.

You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an...
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1 Answer | Asked in Contracts for Michigan on
Q: Can my accepted PA be terminated by the seller when I submit addendum to an issue found in the inspection
Michael Zamzow
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Michael Zamzow
answered on May 24, 2022

An addendum is probably not enough, by itself, to permit the seller to terminate the purchase agreement. Usually an addendum is an offer to modify the contract and not a termination of a contract coupled with an offer to reform the contract under new terms. But, there's really no way a lawyer... Read more »

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: Does a job need parental consent in order for a minor to be employed?
Michael Zamzow
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Michael Zamzow
answered on May 24, 2022

It's probably not entirely helpful to send you to read a statute, but there is a pretty helpful website from the State of Michigan that discusses the boundaries of the Youth Employment Standards Act (YESA). It doesn't appear as though a minor 16 years or older requires a parent's... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: Can a comapny keep your last check bc you didn't stay a year because they gave you a sign on bonus?

My husband took a new job and I had to stay home with our son and the company I was at kept my last check my when I hired on I got a sign on bonus well I guess I signed an agreement saying if I didn't stay a year I had to pay it back

Michael Zamzow
PREMIUM
Michael Zamzow
answered on May 24, 2022

Without seeing any agreements it's difficult to point you in the right direction. But, probably not. However, they would probably have a pretty clear path to obtaining your sign-on bonus, even if it required a lawsuit. Whether that means all of the sign-on bonus or a fraction of it, again, depends.

1 Answer | Asked in Contracts for Michigan on
Q: I canceled my satellite TV and now have another bill with threat of collections.

I canceled my Direct TV service on 3/24, I was told by the representative that my account was paid until 4/14, which is when they turned off my service. I received a "past due" bill on 4/25 for a full month of service from 3/14 to 4/13. Is there a way to get this canceled and avoid going... Read more »

Brent T. Geers
Brent T. Geers
answered on Apr 26, 2022

You should definitely speak to someone a little higher up the chain; sounds like there might be an error in their system.

You should have proof of payment to substantiate your claim. Going forward, don't rely on their representatives' word.

1 Answer | Asked in Small Claims and Contracts for Michigan on
Q: Can I sue someone for not paying their rental fees in a rental that’s in my name?

I rented a rental car out in my name for someone that rental car was impounded now the driver won’t respond and I’m getting hit with all the rental fees would I be able to sue him

Brent T. Geers
Brent T. Geers
answered on Apr 25, 2022

As a practical matter, you are dealing with someone who somehow got that rental car impounded...doesn't sound like a good risk to sign for anything.

You can sue whomever you like; but it doesn't sound like this person cares much about responsibility or likely what a judge says....
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1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Hi, what evidence do you need to prove a contract in small claims court? Will texts and emails be sufficient? Thx

I recently bought a condo and the seller agreed to share some repair costs with me. It was supposed to be done before we closed, which is why we don’t have anything signed but she got really sick at the end and didn’t get it taken care of fully. Only 2 things fixed vs 4 on the list. I tried to... Read more »

Trent Harris
Trent Harris
answered on Apr 20, 2022

Enough? Anything's possible I guess. The fact that your evidence is mostly emails and texts doesn't dictate whether you have a winning case or not. There are ways to get those into evidence, so the trier of fact can weigh it. But keep in mind evidence is not proof.

Think if it...
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1 Answer | Asked in Contracts, Collections and Landlord - Tenant for Michigan on
Q: What can i do if my former apartment forwards a false debt to a collection company?

My former apartment claimed that we did not give notice before moving out, and forwarded a $1700 debt to a collections agency, though we did give notice. Aside from the fact that we did give notice (we got the form from the management office), it says NOTHING about a charge for not giving notice in... Read more »

Adam Alexander
Adam Alexander
answered on Apr 13, 2022

I suggest you first send a certified letter, both to the apartment and to the debt collector. The letter should clearly deny the alleged debt and explain in detail why you don't owe the debt. Importantly, the letter should also request how they calculated the $1,700 and what clause in the... Read more »

1 Answer | Asked in Contracts, Family Law, Land Use & Zoning and Landlord - Tenant for Michigan on
Q: Can I trespass someone from someone else's property with their permission?

For example, an uncle of mine owns a home near me in Michigan, but now lives in Kentucky. He allows his brother to stay in the house as long as he follows set rules. One of them is that he can't have his homeless friends hang over and stay the night. With him in Kentucky, it's hard to... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 8, 2022

Your uncle could appoint you as his agent, giving you authority to act on his behalf. This does not necessarily need to be in writing, but under some circumstances, you might want to have it in writing. I don't know what it means to "trespass the undesirables from his property", so... Read more »

1 Answer | Asked in Consumer Law, Contracts and Civil Rights for Michigan on
Q: How to get your title back from a bail bonds men?

Son got in trouble on July 20 2018 they did not have enough cash for bond so they gave title of a 2001 dodge ram 1500 to bonds men they bailed him out. Nov. 2018 son was sentenced for 3 years in prison, son got paroled to my house on Nov. 2021, end of Feb. Son decided to sell truck couldn't... Read more »

Brent T. Geers
Brent T. Geers
answered on Mar 24, 2022

Apply for lost title with the secretary of state.

1 Answer | Asked in Contracts and Banking for Michigan on
Q: How does one prevent someone in the family from opening a credit card, bank account, debit card, etc?

what do you need to make sure a person (above 18 in your family) can not open a credit card, bank account, debit card or any other financial instrument so that they can spend/buy things?

Brent T. Geers
Brent T. Geers
answered on Mar 22, 2022

You can't prevent someone over 18 from doing any of those things in their own name unless you happen to have legal guardianship over them. It does not matter if they are your own biological children. Once they are 18, you have no legal right OR responsibility for them.

2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: My son and I are paying for a house on land contract. I had to provide a Collateral house for first two years of the LC

We paid 2 yrs of payments. Now it is time 51% Collateral owner to release Collateral property but only if we draw up new deed reverting property to us and any expenses incurred. Is acceptable for 51% Owner to hold our property bcus we wont drawn up docs and bear expenses

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 15, 2022

What does your contract say? What is ‘acceptable’ is largely dependent on what you agreed to and without seeing the documents it is impossible to say for sure.

You need to run mot walk to a local attorney who can review the documents and provide you real advice on this. You should...
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2 Answers | Asked in Bankruptcy, Consumer Law and Contracts for Michigan on
Q: How do I object to a writ of garnishment? I received a notice from my employer on 3/2/22 from a 4 year old judgment.

On 03/02 I got an email from work with a "writ of garnishment" dated 02/08/22.I was not properly served from the creditor. The writ states "plaintiff received judgement against defendant for $6,875 on Feb 01 2018. The plaintiff is Credit acceptance corp. However, I was never served... Read more »

Adam Alexander
Adam Alexander
answered on Mar 9, 2022

There is a form that allows you to object to garnishments. Just Google "objection to garnishment Michigan". However there are only 5 permitted objections and one "catch all" objection.

1. the funds or property are exempt (protected) from garnishment by law.

2....
Read more »

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1 Answer | Asked in Contracts, Business Law and Landlord - Tenant for Michigan on
Q: in Michigan, own a retail business. Strong winds blew open my door and damaged it and landlord won't repair. Is he righ

Winds blew it open, broke the top seal and bent the metal bar. He claims in the lease the exterior walls and roof, and structural maintenance, repair and replacement of the building and its foundation and that it doesn't include the door.

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 24, 2022

It probably depends upon the wording of the lease. The leases that I prepare for a particular landlord typically provide that the door, which generally requires more maintenance than the non-moving parts of the building, is the tenant's responsibility.

1 Answer | Asked in Contracts for Michigan on
Q: i need to get a general release retraced that I was forced to sign due to the neglect my apt making me homeless

I was left homeless during the beginning of the covid paying rent and utilies/water off of my disability check,,,living in my truck and using gas station bathrooms while in a manic and trumatic stress

Brent T. Geers
Brent T. Geers
answered on Jan 31, 2022

I'm not sure you will be able to do so. While I can appreciate the circumstances you found yourself in, when you sign a general release, you're pretty much stuck with it. Think of it this way: if it were easy to get out of those releases, there would be no point in signing them.

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