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Michigan Contracts Questions & Answers
0 Answers | Asked in Contracts for Michigan on
Q: Is there a forfeiture form available for when the land contract breach doesn't entail payment but lack of insurance?

Buyer breached contract by not having insurance and then burnt the garage down. I can only find forms that deal with lack of payment.

1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Business Law for Michigan on
Q: Are there lawyers that advise or represent small claim plaintiffs?

Car dealership not honoring warranty claim (parts and labor) written agreement.

Brent T. Geers
Brent T. Geers
answered on Sep 26, 2024

There are lawyers who may meet with you to advise you on whether and how to proceed with such claims. However, an attorney cannot represent you in the actual small claims proceeding.

1 Answer | Asked in Contracts for Michigan on
Q: CA Corp was converted to MI. Can I list CA mailing address in contracts considering governing law clause?

My CA Corp was converted to MI, but I still use a CA mailing address. Can I list my CA mailing address in contracts? or add some distinction and add the MI address?

For instance: "by and between Rustoleum Works (the "Client"), of 436 Kings Way, Santa Barbara, CA 90678, and... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 5, 2024

The use of a Michigan address is not necessarily required, but it does help to solidify the jurisdiction clause. The wording of your jurisdiction clause could be improved because if there is federal diversity action, the litigation won't be in Oakland County since the federal court does not... View More

2 Answers | Asked in Contracts, Collections and Small Claims for Michigan on
Q: My ex thegirlfriend two years ago gave me money from what she told me was her savings account to get my car fixed $3000

Total $3000 turns out the money I believed to be her personal funds was actually a personal loan from the bank that she did not disclose. Now two years later the loan was paid back and she’s insisting I pay her back. Nothing is in writing and my name was not listed as a borrower nor did we... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 27, 2024

If you agreed to pay her back, then you owe her the money and she might be able to sue to get a judgment.

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2 Answers | Asked in Contracts and Mergers & Acquisitions for Michigan on
Q: I paid a lawyer to write a operating agreement for me and five other guys trying to start a defense contracting company

It's been 4 weeks and I still have not heard anything back yet is that normal?

Brent T. Geers
Brent T. Geers
answered on Aug 17, 2024

Could absolutely be normal. Have you called to inquire about the timeline? You are paying a professional to draft a complex and personalized document, not a fill-in-the-blank template (hopefully).

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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Rental agreement for bottle water being overchargedcharge a paper statement service fee for them to mail me a bill

So I signed up to receive water from a company. I can get one bottle for $7.75. And when they Finally sent me a bill, it was never an itemized bill.but l just recent I find they're charging me $8.75 per bottle.

Why the extra dollar did they use a bait an switch

On top of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Read those written agreements and terms of service carefully. Likely, what you are seeing is reflected in some terms you acknowledged agreement to. Nowadays, it is not uncommon for companies to charge a service fee to mail billing statements if you elect to have things sent by mail. Your remedy is... View More

2 Answers | Asked in Consumer Law, Contracts, Real Estate Law and Environmental for Michigan on
Q: Do I need a lawyer for an actual t of God catastrophe to be paid by my insurance company under my renter's policy

Tornado. Insurance company doesn't want to pay I'm going to be homeless and I have no food, money or gas to go apply for disaster relief

John Michael Frick
John Michael Frick
answered on Jul 15, 2024

You may need a lawyer if your insurance company isn't upholding its end of your insurance policy.

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2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Scott G. Wolfe Jr.
Scott G. Wolfe Jr.
answered on Jul 16, 2024

If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.

First, you are dealing with a property insurance claim if this is related to...
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1 Answer | Asked in Civil Litigation and Contracts for Michigan on
Q: HOW DO I FIND MICHIGAN CASE LAW FROM 2018
Brent T. Geers
Brent T. Geers
answered on Jul 11, 2024

Lots of places - some better than others. Justia, Google Scholar, and a host of other sources are freely available online. Your local library may also have free access to Westlaw or Lexis Nexis.

1 Answer | Asked in Contracts and Land Use & Zoning for Michigan on
Q: Is there value for a deed for interment rights for 4 plots at Arborcrest Cemetery purchased in 1956 in Ann Arbor?
Brent T. Geers
Brent T. Geers
answered on Jul 2, 2024

Probably. Call the cemetery and find out. They would probably pay you something so that they can sell those spaces to someone else.

1 Answer | Asked in Contracts for Michigan on
Q: My Mom passed, I found a Deed for Internment Rights(4 Plots)she purchased many years ago, can I sell them?
Brent T. Geers
Brent T. Geers
answered on Jun 20, 2024

Probably. Although you may need to open a probate estate to obtain authority to do so.

1 Answer | Asked in Contracts and Estate Planning for Michigan on
Q: Is a second trust legal if the first trust has a contract stating no changes can be made to the first trust?

A revocable trust is made by husband and wife.

A contract is signed by both stating no changes can be made to the trust if one dies.

Husband dies.

Wife creates a second revocable trust which changes the beneficiaries from 4 kids (3 of husbands) to the 1 child of the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

They both could be legally binding. It depends on what the first trust says happens to the funds once one spouse dies (in this case, the husband died first). That trust could say "once the first spouse dies, everything goes to the surviving trust". If that's the case, then the... View More

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: What is my legal obligation to a year old contract I signed with a gutter company.

My son signed a contract with Magic Window company to have gutters put on his house last year, May 2023. There was no date set for installation and no work has been done. The sales person did not contact them again until this month. The contract had a 3 day cooling off period. My son is now being... View More

Brent T. Geers
Brent T. Geers
answered on May 30, 2024

Let them. Did the contract indicate a start date? Arguably, pulling a permit is an indication the company intended to start. But what would explain the year-long delay beyond that? I think the deposit may be lost unless there is a showing of your son attempting to contact the company about... View More

1 Answer | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: What can you do when the judge lies to you and your court appointed attorney does nothing

I had an attorney that was going to handle my case pro Bono and the judge said that they could not do it because I was not a resident of the state of Michigan but how can that be true if I am in court in that state my lawyer would have to be licensed in that state

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

You can be hauled into court in Michigan even if you are not a Michigan resident. If you are not a resident, according to the judge, you are not eligible to have a court appointed attorney.

2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: I loaned someone $4000 with a signed and notarized promissory note. They are not in default. Do I have recourse?

I bought my home from him and he also abandoned his vehicle on my property.

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

Yes. You can sue them. The person will either answer and appear, or not. The judge will determine whether they are actually in default and if so, what the judgment amount is. It is then your responsibility to collect it legally. Unfortunately, you may find that the person who owes you this money... View More

1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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1 Answer | Asked in Contracts, Employment Law, Personal Injury and Government Contracts for Michigan on
Q: I currently a pension beneficiary & I was trying to look into if it's possible for me to borrow against or receive lump

For context I am to receive this pension till death or marriage. Right now I get a month pay out.

Tim Akpinar
Tim Akpinar
answered on Mar 23, 2024

A Michigan attorney could advise best, but your question remains open for four weeks. There isn't a category here for ERISA and pensions, but you could look into whether local or state bar associations could offer guidance on attorneys in your area who might handle such matters. Good luck

1 Answer | Asked in Contracts and Lemon Law for Michigan on
Q: what is the laws governing sell of u sed vehicles, pertaining to transferring plates and title with a lien. i purchased

The registration has the wrong name and driver license no. on it, Does this void the contract. Informed the dealer of this, he said i have to have it corrected at my local secretary of state office

Adam Alexander
Adam Alexander
answered on Feb 2, 2024

Does this void your contract? Probably not. However, the reason for the error should be investigated. I suggest you file a complaint with the Michigan Attorney General. And also contact the S.O.S. and ask questions. Perhaps they can shed some light.

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