Ask a Question

Get free answers to your Real Estate Law legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Michigan Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Michigan on
Q: I am going to be the banker for family members to by property how do i do it do i put land in my name then write a land
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 25, 2021

If you don't already have a trust or some corporate form of ownership in place (such as an LLC) then you need to do that -- complete with bylaws and structures on how to handle the affairs of the business. This is not a game of 'Monopoly' and you don't get to be a... View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: My name is on the rental agreement/lease of a residential home. My significant other has been living here.

Rarely pays anything toward rent/bills. We broke up... But he won’t leave when I try to kick him out Does he have a right to stay there for 30 days or should I call the cops? What should I do?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 14, 2021

You don't say if his name is on the lease too, but assuming it isn't ... TECHNICALLY you have to provide an appropriate notice to quit as he 'subleases' from you. That can be 30 days, 7 days depending on the circumstances.

If this is SIMPLY because of finances....
View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: How long after a home inspection is complete do the potential buyers have to agree to go forward with the purchase?
Kenneth V Zichi
Kenneth V Zichi
answered on Jan 12, 2021

That depends on what the offer says about accepting or challenging based on the results of an inspection. It can be within 24 hours, 48 hours 72 hours or some other figure ... there is no 'one right way' to proceed. The offer controls. THAT is why it is critical to have a licensed... View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: Our buyer’s agent realtor disclosed our financial information to my brother-in-law. Is this legal?
David Soble
David Soble
answered on Dec 29, 2020

Well, it would be quite unprofessional and unnecessary if your brother -in -law has no relation to the transaction contemplated. You may want to contact the agent's broker or the state of Michigan (LARA) to register a complaint. With regards to bringing a legal action, you would have to... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Do I have to have an expired judgment lien discharged in court?

I co-own a property with someone who had a judgment lien attached to our property. It is expired after 5 years and was not rerecorded. I know it will show up in a title search but will it be an issue?

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 28, 2020

The title company, in issuing a policy of title insurance, should recognize its expiration after five years and not require that you take further action to confirm its expiration.

View More Answers

Q: I live where I work and they just sent me an eviction notice and it say I'm squatting, can get legally evict me?

I pay partial rent and don't have a rental agreement and been living where I work ( maintenance man) for 8 years. They wrongfully fired me but then gave me my job back at the end of the week (I didn't ask for it back) now I have an eviction notice saying I'm squatting and have to... View More

David Soble
David Soble
answered on Dec 27, 2020

Without a written lease, you have a month to month rental agreement (oral agreement). Therefore, they would have to give you 30 days notice. You should also note that in Michigan there are new measures in place with the district courts related to the residential eviction process that require more... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: Does a mobile home site condominium development need to follow all of the Michigan Condo Law?

Most of the mcl pertains to true condominium developments where a site condo is developed more like a subdivision with individual ownership and responsibilities.

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 17, 2020

A site condo is a site condo. It matters not whether or not it is for mobile homes or manufactured homes or stick-built homes.

I think you may be confusing a 'condo' with a 'site condo' because the two are quite different. A site condo is developed just like a...
View More

Q: Can a Township building inspector require more stringent building codes that exceeds the state's building codes?

Building a pole building as a residential secondary building for personal storage. Typical 50 x 54 building with vertical beams spaced 8' on center. Inspector won't issue building permit unless beams are 6' on center. Also, inspector won't accept 18" preformed concrete... View More

David Soble
David Soble
answered on Dec 18, 2020

The building code sets forth the minimum standard for construction. There must be something in the engineering report that causes their concern. A stamped report from structural engineer should be enough.

1 Answer | Asked in Foreclosure and Real Estate Law for Michigan on
Q: I inherited a home as joint tenants w right of survivorship w my sister. she refuses to pay for anything. What can I do?

The loan is almost paid off and I want to continue living there as I have for my entire life. It’s our family home. It’s an owner occupied rental property w 4 units. Because of a fire and Covid-19 I have fallen behind on the loan payment and she wants it to go to foreclosure in a month rather... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 12, 2020

A quit claim deed from her is likely the best option but before you decide what to do you’d be well advised to consult with a local licensed attorney to insure that you don’t End up with larger issues.

If she quit claims it she will have no obligations to answer your specific question...
View More

3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a tenant in common force the sale of the entire property to get their share of the property value?

We do not agree to the buy out amount they are asking us to give them. Not sure if Michigan law prohibits them selling the entire property (hunting land and a camp on the property). Are they only permitted to sell their portion?

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 10, 2020

It is possible to seek a partition of the land in court. A full description of the process is not possible. You should consult an attorney.

View More Answers

3 Answers | Asked in Real Estate Law for Michigan on
Q: The title company says they need a copy of my divorce decree. The problem is I've never been married.

The divorced individual has the same name as me. I have two middle names and the first one is the same as his. They won't clear the title, what do I do?

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 7, 2020

Inform the title company of the facts. They may want an affidavit from you to be filed with the register of deeds.

View More Answers

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: The County Sheriff's office issued to my addresses on number and street that doesn't exist?

When I bought the house in 2000 I closed had a title company paid for title insurance and the owner either committed fraud or just try to get over. The person I bought the house from has adjoining land ,that he said was the easement and I have being using it every since. But I just tried to... View More

David Soble
David Soble
answered on Nov 28, 2020

An experienced real estate attorney will have to see your purchase documents, the title work and the title abstract at the time you purchased the home. These type of cases take time to develop and unwind. To use the term "fraud" is to imply that the seller had a 'willful and knowing... View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: Will a mortgage lender find out about a voluntary lien on home? If so, will they do anything about it?

A relative of mine bought a 334k home in August. The equity of his old home that he had sold was supposed to go to his kids, but instead of giving it to his kids he put the equity into his new home which was 91k. When his kids found out that he had done that, they hired a lawyer and came to an... View More

David Soble
David Soble
answered on Nov 28, 2020

Liens are placed against homes all the time. There are judgment liens, tax liens, construction or contractor liens to name a but a few. Provided that a filed lien is subordinate to your mortgage lender's priority lien, they should be no issue because your first mortgage lender has first... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: if someone is head of household only cause of income and don't own the apartment can they evict you
Brent T. Geers
Brent T. Geers
answered on Nov 25, 2020

Only the landlord can evict, or in rare circumstances, the person whose name is on the lease.

2 Answers | Asked in Real Estate Law for Michigan on
Q: I just got a 30 day notice on a month to month rental, under covid do I have any rights?
Kenneth V Zichi
Kenneth V Zichi
answered on Nov 23, 2020

Through the end of the year, there are some protections for people who cannot afford to pay rent and fall behind, but there is nothing specific preventing a month to month lease from being terminated with 30 days notice that I'm aware of.... View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: I found severe structural damage during final walkthrough that inspector didn't catch. What are my options w/o walking

House was for sale by owner with assistance from agent friend. The day after placing an offer on the house, the seller moved out of state. Seller did not disclose damage and verbally stated she used 1 car detached garage just for storage through that single garage door. Inspector couldn't open... View More

David Soble
David Soble
answered on Nov 22, 2020

If there is a structural issue or home defect that comes to light prior to a closing and the seller should have disclosed the defect that was known to them, then you may have grounds to cancel the transaction. The fact the home inspector could not get into the garage to do their home inspection... View More

1 Answer | Asked in Landlord - Tenant and Real Estate Law for Michigan on
Q: Is there a Real Estate Law that prohibits/denies a tenant of an apt building the right to see their financial file

The file in which copies of money orders and checks are kept

David Soble
David Soble
answered on Nov 16, 2020

It sounds as if you are requesting to see your landlord's payment ledger. There is no 'law' per se, however, if you are challenging how you made your payments or how they were credited, you should have copies of your own payment receipts through cancelled checks or money orders.... View More

1 Answer | Asked in Child Support, Estate Planning, Real Estate Law and Probate for Michigan on
Q: My biological father passed away in 2001 still owing back child support.

I'm 38 his friend that was the cosigner on his house passed july 2020. Can me and my adult sibling sue her estate for back child support Michigan since after he died it went to her they weren't married

David Soble
David Soble
answered on Oct 29, 2020

This is really not a real estate matter, but more or less a divorce or family law matter.

2 Answers | Asked in Banking, Consumer Law, Contracts and Real Estate Law for Michigan on
Q: Real estate question. Hello all. Can I sue my mortgage lender?

I was buying a house and closer decided to end the deal due to lender not meeting closing date. I know meeting closing date is not guaranteed but every time I try to contact them they never called back. When I was finally able to contact them (two day before my closing date) they said they needed... View More

Brent T. Geers
Brent T. Geers
answered on Oct 26, 2020

Are you using a Realtor? That person is probably the first person you should (or should have been) in contact with. Generally, since the mortgage lender is not a part of the contract you made with the seller, it would be hard to assign liability to them.

View More Answers

3 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: I bought a house in Michigan that has an easement (Ingress, Egress, and Utility) to 10 acres that is landlocked.

The 10 acres is only land but I spoke with the owners and they stated they plan to build a house there.

Are they allowed to build a house with the type of easement it is?

Do they have full rights to use the easement as a daily driveway?

Any way I can prevent this?

Kenneth V Zichi
Kenneth V Zichi
answered on Oct 22, 2020

Without looking at the actual documents, I'm speculating, but you probably can't stop it. And yes, they most likely do have full rights to use the easement and build a house. That is the POINT of the easement.

You BOUGHT the land with the easement in place, and should have...
View More

View More Answers

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.