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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is there a Michigan law that states property owners are responsible for costs to maintain a private road?

2 long existing, private roads, servicing approximately 50+ properties. (large acreage parcels) These roads are in Menominee County, Holmes Township, in the woods. Ownership of the roads fall on about 10 owners, owning different stretches of the roads. There was never a maintenance agreement... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 27, 2023

Without actually examining the title it is impossible to say what to do. If there were some sort of road maintenance agreement, either created before the splits, or agreed to by ALL the property owners afterward, this is going to be difficult. You 'complicate' things by saying there is a... View More

1 Answer | Asked in Real Estate Law, Divorce and Family Law for Michigan on
Q: My ex is on the deed, the mortgage is in my name alone and I bought the house prior to us being married.

Per our divorce degree I agreed to pay the house till my last child was 18. At which point I plan on retiring. What can I do to make sure I don’t have to pay any more.

David Soble
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David Soble
answered on Nov 23, 2023

The divorce decree is a court order that is binding on both parties. However, the mortgage will need to be paid by someone if it has not matured by the time your last child turns 18. So if the provisions of the divorce decree fail to address this issue, or does not provide that your ex- spouse is... View More

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: At what point can I consider property abandoned?

I am located in Michigan and have been going through the eviction process with my daughter and her husband. I filed a summons for both possession and damages. The last court appearance was via Zoom, and we have been informed we will have to appear in person on a date to be determined by the clerk... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 21, 2023

Unless there is a provision in a written lease that specifically defines when property is 'abandoned' there is no one answer to that unless the Court has made a ruling based on a supplemental complaint.

Get yourself a local landlord tenant attorney to review all the facts and...
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3 Answers | Asked in Contracts, Real Estate Law and Sexual Harassment for Michigan on
Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he

became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference?... View More

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 12, 2023

Based on the details provided, it is unlikely the joint venture partner you had a verbal agreement with has grounds to sue you for breach of contract or threaten legal action since nothing was formalized in writing:

First, without a written agreement signed by both parties formally...
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1 Answer | Asked in Civil Litigation, Land Use & Zoning and Real Estate Law for Michigan on
Q: Well house building dispute. Can we take quiet title or take adverse possession?

Five cottages which all used to be rentals until 1967 are only buildings hooked to the well house building which has its own address and bills come to me. A neighbor bought a cottage next door to it (which is not hooked up to the well house), yet wants access to it. He says building is on his... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 7, 2023

You need a local real estate attorney to review all the facts and provide you advice. That is not something that can be provided in a forum like this.

Seriously — this is FAR more complicated than can be accommodated in a public forum. You need to hire an attorney!

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can attorney representing my fathers estate which I'm on handle a case involving estate for my siblings?

My father passed I was going to purchase his house. Now there is a fight. My siblings want me evicted and sell to a friend of my brothers. My son got drunk brother who lives next door hates him. Can an attorney from the firm that is handling my fathers estate represent my siblings. I am on the... View More

Brent T. Geers
Brent T. Geers
answered on Oct 31, 2023

It likely is a conflict of interest. Your siblings appear to have adverse interests and should - each - retain their own counsel.

1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: Legal claims for paying delinquent property taxes

I live in a property owned by my aunt that I pay her for. My aunt’s name and my mom’s is on the house. There was delinquent in taxes since 2021. I got a foreclosure notice from Saginaw county in Michigan. I went and paid all of the delinquent taxes for the property in August 2023. The aunt is... View More

David Soble
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David Soble
answered on Oct 29, 2023

Any agreements concerning real estate must be in writing, according to the "Statute of Frauds." The idea is that certain types of contracts must be signed and in writing to be valid because verbal or oral agreements dealing with real estate can create confusion and therefore, verbal... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I owe 29,000 on a land contract Home can I sell the property even though I still owe one contract
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 10, 2023

Most likely, yes. But there will also likely be 'conditions'. Is there a 'due on sale' clause or prohibition on further transfer during the contract term? If so, you may STILL be able to sell so long as you at the same time pay off the remaining balance of the land contract.... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them us

I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More

David Soble
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David Soble
answered on Oct 2, 2023

If your name is on a lease, then the only person who can agree to let you out early from the lease is, the landlord, and not your business/ family partners. Only the parties to the lease can agree to modify or change the lease terms, including releasing a party from their legal obligations.

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Hello I have a question

I used to work with my uncle and his friend and they decided to open a smoke shop and they Told me that if I let them use my name to open the store and put the lease under my name and my uncles son name ( my cousin ) too at the same time they would let me get 35% of the store I trusted them bc they... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 3, 2023

You MAY be asked to pay something 'up front' to be removed from a lease, but if you ARE removed from the lease, you won't be liable for anything further. The only way you would continue to be liable is if you are NOT removed from the lease.

Get local legal advice before you...
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1 Answer | Asked in Real Estate Law and Estate Planning for Michigan on
Q: My name is not on the deed of our home. I am the wife. We have been married since 1987. In 2017 no more dower rights.

Does that affect my situation or only the deeds that came after the new 2017 ruling?

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 3, 2023

No -- dower was abolished in April 2017 so with the limited exception of widows whose spouse died before then, there is no dower.

BUT there are other 'rights' surviving spouses (of both genders) retain such as electing against a will or inheriting something through intestate...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can i request relief for a prescribed easement against a municipality?

There has been an unauthorized easement to my property for over 85 yrs. Ive only owned the property for 6 yrs. The path is the only way to get to my driveway or i have to park on the road. However, parking my vehicles on the road will block my neighbors driveways. The city road is only wide enough... View More

David Soble
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David Soble
answered on Sep 12, 2023

Sounds as if you don't agree with the easement, however, you can block the driveway and do whatever you legally wish, etc., The other parties who wish to use the easement will need to legally challenge your denial of permission to use the driveway. Otherwise, there is no issue until raised.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Home forfiture land contract sellers did a forfeiture the judge granted it to them because he wasn't told that the buyer

Paid the seller 6 thousand dollars within the 90 days the information was held from the judge that it was paid and he granted a forfiture . The seller contacted the buyer and said he wanted to be done and he wanted 20,500.00 to keep the home pay off the contract .so we signed agreement to do... View More

David Soble
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David Soble
answered on Aug 26, 2023

First, if the land contract seller's stated balance of the amount due is not accurate in their complaint, then you should have raised the discrepancy at the time of the hearing. The time to do this is not after the judgment is entered. However, while you may be able to go back to the court and... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: Buyers are attempting to rescind their offer after completing the home inspection. Can we retain Earnest Money Deposit?

We went under contract in a competitive bidding situation 6 days ago. An earnest money deposit of $10k was agreed and the only meaningful contingency was obtaining a satisfactory home inspection. Contract language proposed by and agreed with buyers for the contingency clause considers only those... View More

David Soble
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David Soble
answered on Aug 26, 2023

A real estate attorney needs to see the purchase agreement to confirm, but in general, if a contingency date is not met or if a provision is not followed in accordance with the purchase agreement, you may be able to keep the prospective buyer's EMD. This can be highly contentious and it is... View More

1 Answer | Asked in Estate Planning and Real Estate Law for Michigan on
Q: If I die and not married but have minor (under 18) children and my boyfriend (no kids) is on the deed of my house with

Me will the house become his? Or can my next of kin (mother who I have no relationship with) take it from him?

Trent Harris
Trent Harris
answered on Aug 25, 2023

The answer to this question is "it depends." It depends on whether you both own the house as joint tenants with right of survivorship, or whether you own the house as tenants in common. And it also depends on whether you have any estate plan documents such as a will, trust, or lady bird... View More

3 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: Property acquired through quitclaim deed has transferability restrictions to heirs at law, but the grantor is deceased.

There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More

Trent Harris
Trent Harris
answered on Aug 24, 2023

The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any)... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can I quit claim home to spouse. I have a judgement against myself only. Home is held in tenants by entirety.
Thomas. R. Morris
Thomas. R. Morris
answered on Aug 15, 2023

This conveyance could have negative consequences. For example, it could be the basis for the denial of your discharge were you to file bankruptcy. Moreover, the home is currently protected from the creditor according to the facts you gave. Whether you should follow through on your idea requires... View More

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1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Can I evict a buyer for my land contract if they default and I have filed a forfeiture notice?

Here is the wording of my contract:

Forfeit

f) If the Purchaser shall fail to perform this contract or any part thereof, the Seller immediately after such default shall have the right to declare the same forfeited and void, and retain whatever may have been paid hereon, and all... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 7, 2023

Yes. A land contract forfeiture action is provided for by the court rules, and there are court forms for the procedure. An attorney could handle this for you, or you might be able to get it dome yourself.

2 Answers | Asked in Real Estate Law for Michigan on
Q: I own 10 acres with my brother. Can I build on it. This land is grandfathered in and the deed states, Sole Survivor.

I’m in Michigan. What process is needed?

David Soble
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David Soble
answered on Aug 5, 2023

The language related to "sole survivor" most likely relates to the actual conveyance language and how the grantor conveys their legal interest to the grantee. This is sometimes called "vesting language." Deeds do have "magic' language in them and what the deed says... View More

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I currently had my Landlord/Homeowner die last week. We lived in the same dwelling

His Family told me I have 30 days that they are returning the house to the bank we have a lease and every receipt for the last 3 years almost 4 we lived here and what do I do with the rent money they are asking me to give them

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 4, 2023

Mr Soble is absolutely spot on correct about consulting with a LOCAL real estate attorney about your situation.

But your question is a bit unclear.

You say you have a lease. Is that lease ending at some point in the FUTURE, or has it already ended and you're now 'month...
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