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Michigan Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law and Civil Litigation for Michigan on
Q: A year almost and nothing done and I’m still getting damage done every time with heavy rains

Court order a culvert install under the new drive way they installed and all water must flow to the drainage ditch with the new culvert installed they have done nothing it will be a year in 2 months and when the spring comes again I will have major water problems again Do I need to contact a... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jun 13, 2022

I concur your best results will be with a local real estate attorney in your corner.

But be prepared to provide that lawyer with facts like a copy of the judgment, who 'they' are and why YOU can't just install the culvert and charge them the cost (I assume because they did...
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3 Answers | Asked in Real Estate Law for Michigan on
Q: I’d like to keep house I bought with girlfriend but she will not let me buy her out nor will she agree to sell…

She is 50/50 on deed in Michigan and Mortgage is in just my name …Do I have options ?

David Soble
David Soble
answered on Jun 2, 2022

A real estate attorney will need to see how the title on the deed is held. Being 50% owner is not enough for a court to intervene with legal instructions as to how a property may or may not be partitioned. Real estate law is steeped in centuries of legal history - Deeds contain "magic"... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If a agent sells me a house without disclosing that the next door neighbor is a drug house or drug dealer, can I sue?

If yes - How do I determine damages?

Kenneth V Zichi
Kenneth V Zichi
answered on May 10, 2022

Mr Geers is exactly correct, and I would add, if you don't know what your damages are, they likely won't 'stand up' in Court. The FIRST thing you need to think about when litigation is possible is 'what are my damages and how much might I expect to recover?'... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: How long does a person to complete a court order judgement in Michigan-- Repair easement and install a colvert

I settled back in the fall of 2021 The court order is to repair the easement and install a colvert so the water can flow back in to the drainage ditch like it before they changed it How long do i wait or do they have to do this court order before i have a letter or refile back in court

David Soble
David Soble
answered on May 9, 2022

It will depend on what the court order or settlement agreement (if applicable) requires. If there is not a time set to complete the work, then it should be done within a reasonable time frame. However, most court orders will have a set time for a party to follow the court's requirements.... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I add wife to house title and them make postnuptial agreement stating that she owns nothing in case of divorce?

I’m married and in the process of buying new home from my own personal money. Friends are telling me to add my wife to the new house title, so in case of my death, she can keep the property without the hustle of going through the court system to keep it. But at the same time, I told her that this... View More

Brent T. Geers
Brent T. Geers
answered on May 4, 2022

No. Once she's on the deed, she is an owner. You should consider a lady bird deed. But keep in mind that in case of divorce, a spouse always has a property interest in real estate regardless of what you do, absent a well drafted post-nuptual agreement.

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: Is it illegal for a real estate agent to digitally remove A Property Surveyors Property Markers from a Real Estate Listi

Our property is shown in the Real Estate For Sale Listing of our neighbors. However our Property Survey Markers have been digitally removed as well as No Trespassing signs?

Kenneth V Zichi
Kenneth V Zichi
answered on May 4, 2022

You mean in the PHOTOS of the listing?

It may be a bit 'iffy' to digitally retouch photos in a real estate listing but it isn't 'illegal'.

I remember as a young adult looking at a house that was in my price range and the photos in the listing were all...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Closed on a home. Seller asked for two days to remove items. They have moved out . They have not. Can we change locks?

They moved to Florida months ago and left some furniture behind. We closed gave them 2 days per the closing agreement and they are still dragging feet on removing the items. Can we take possession of the house and allow them to come and get their stuff later.

Trent Harris
Trent Harris
answered on Apr 27, 2022

It sounds like you should be able to take possession and change the locks, but to be sure you should take your documents to a real estate attorney for review. In situations like these I usually tell people they can put the items in storage and give the former homeowner notice that they can come get... View More

3 Answers | Asked in Real Estate Law for Michigan on
Q: we sold our cottage on a land contract. The buyer is asking for a quitclaim deed so she can get help with repairs since

she is now handicapped and habitat for humanity is saying she needs this in order for them to help her out. My concern is the loss of money owed to fulfill the contract.

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 24, 2022

There are significant differences between land contracts and mortgages and before you do anything I’d confirm directly with the habitat attorney they won’t help if someone has equitable title instead of legal title and then consult with your own attorney before you do anything.

Most...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can my partner evict me from our home that we both share our names on mortgage or force me to sell the house?

My girlfriend wants her name off the mortgage that we both share. She wants me to refinance and pay her half of equity that's in the house. If I can't afford to pay her half of equity can she force me to sell the home? I have already been approved to take over the mortgage loan by myself.... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 25, 2022

This is essentially a 'divorce' and you need to approach it that way. PLEASE seek local legal representation so you can both get the answer to 'what can she do' (as Mr Harris has pointed out the answer will be different depending on how you own the house!) and what YOU should do... View More

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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... View 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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2 Answers | Asked in Real Estate Law for Michigan on
Q: How do I file a lawsuit against a company I paid to transfer a timeshare, but now refuses to answer phone calls

The company is headquartered in Indiana, I signed the contract in Michigan.

Thomas. R. Morris
Thomas. R. Morris
answered on Apr 14, 2022

We don’t have enough information to determine which state has jurisdiction, and the proper venue for a suit. There may be diversity jurisdiction in federal court. Consult with an attorney to determine whether, and where, to file suit.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a private road easement on my land. New owners bought the land behind and are widening and cutting trees and want

To gavel the road. They are tearing up my yard with machinery and parking it on my land. I live in Michigan and on my deed it says my land abuts up to a private road but it runs through my land not on the edge. And in Michigan it needs to be 33 feet wide with a turn around big enough for a fire... View More

Trent Harris
Trent Harris
answered on Apr 14, 2022

The permissible use of an easement is based on the language of the easement grant. Uses of an easement that unreasonably exceed the grant of easement can be enjoined in court. You will need to set up a consult with a real estate attorney in your area so the attorney can review the documents... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Sold my home and closed. Buyer claims damage to subfloor due to pet stains. Buyer wants to keep $2,000 escrow.

Condition of floors did not change in the one months time the buyers had showing, performed inspection, had final walk through and a walk through again 30 days after closing (30 day occupancy clause). Buyers have been in house for a week and they have two large dogs and I have yet to see proof of... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 10, 2022

Without seeing the accepted offer, closing package and any escrow agreements you signed at the time of closing and before, it is impossible to answer your question cogently.

Did you have an attorney review the closing package and offer? If you accepted an offer without an attorney review,...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can my landlord raise my rent without a 30 day notice?

My lease is up March 31st. I let my apartment complex know March 12th that I would be moving out by May 14. I was never given anything about renewing my lease or going month to month. I was never given anything about my rent increasing on April 1st until March 12th and they said they are allowed... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 31, 2022

If your lease is up on March 31 and you don't leave by that date, you are a holdover tenant. If the lease addresses the issue of holdover rent, the lease provisions apply.

You were certainly entitled to receive a copy of the lease when you signed it, but I am not aware of a...
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2 Answers | Asked in Estate Planning, Real Estate Law and Probate for Michigan on
Q: My grandmother recently passed away. She did not have a will. The bills are up to date. How do we transfer the deed?

Taxes are up to date and so are utilities. Do we have to go through probate to acquire the home or can we handle the paperwork filings ourselves?

Trent Harris
Trent Harris
answered on Mar 29, 2022

It sounds like you will need to open an informal estate so a personal representative can be appointed. The personal representative can then sign a deed transferring real estate to the heir(s) of the estate or to a buyer.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: My father and mother passed away In 2018. There are still renters at one of their properties. They have been there over

10 yrs. The agreement was for them to pay property taxes for rent. I have not been able to hire an estate atty to get this switched to my name. My brother wants them to have the property free of charge. My parents left a Will with me as executor back in the 1980’s (before I was 18). So these... View More

Trent Harris
Trent Harris
answered on Mar 23, 2022

Well, it depends. Let's take the questions one at a time. First, can those people continue to rent at the property, notwithstanding your parents' deaths? Yes. When the landlord dies, the tenants' leases continue, but they are now with the landlord's estate, instead of with the... View More

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property.

I have a large tree that is at the edge of my property and has branches that hang over into my neighbors property. My neighbor picks up all of twigs and branches and dumps them into my property. He claims that since the tree trunk is in my property that I need to deal with all of the mess. Is he... View More

David Soble
David Soble
answered on Mar 21, 2022

He is responsible for cleaning up the branches that fall on his property. However, generally, in Michigan, when limbs of a tree hang from Party No.1's property onto Party No. 2's property; Party No. 2 may have the right to trim the limbs that extend past the property line. Debris that... View More

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4 Answers | Asked in Bankruptcy, Foreclosure and Real Estate Law for Michigan on
Q: I was garnish after a court proceed but during court thats not what was discussed or supposed to happen how do I stop it

I was scammed on a house I was paying someone who acted as the landlord later I found out it's the banks house so they came after me for the rent I already payed an have been taking it from me through taxes for years

Trent Harris
Trent Harris
answered on Mar 21, 2022

By the information you gave in your question, a judgment was entered against you a long time ago, and your state income taxes have been garnished by the judgment creditor. Because of the length of time and the doctrine of res judicata (meaning: the thing has already been decided), you cannot set... View More

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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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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can the P.R. of small estate sign a warranty deed?

This deed is in fulfillment of a land contract with the now deceased.

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 14, 2022

Yes, but you would be well advised to consult with an attorney who is familiar with real estate and probate law to insure the deed is drafted correctly, DO NOT rely on a 'title company' or 'realtor' who is not licensed to practice law to do this and BEWARE anyone who prepares a... View More

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