Lawyers, Answer Questions  & Get Points Log In
Michigan Real Estate Law Questions & Answers
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
PREMIUM
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...
View More

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...
View More

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
PREMIUM
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.

View More Answers

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
PREMIUM
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
PREMIUM
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

View More Answers

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

View More Answers

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
PREMIUM
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

View More Answers

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...
View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: I live in Michigan, a tree branch from my property fell on neighbors fence, am I responsible to clean it up.

The tree is not dead or rotten in any way, the branch in question had been growing over neighbors side and fell due to storm/wind

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 22, 2023

Not legally, if you did not negligently cause it to happen, but you might consider being a good neighbor and helping or cooperating in the cleanup.

2 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Michigan estate attorney has taken over 8 months to finish a deed for inherited property. What can I do.

They sent the quit claim deed I completed my portion was told to have it virtually notarized, did that and returned. Later received returned filing fee check (in law offices name) saying it was denied. Have asked questions to lawyer,and staff first they say it was a new program they needed to add... View More

Trent Harris
Trent Harris
answered on Jul 19, 2023

This sounds like a dispute you have with the attorney about whether the attorney has completed the work you hired the attorney to do. If you are unhappy with your attorney's work, then I would first look to your retainer agreement with the attorney, if you have one. Your retainer agreement... View More

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: I'm paying my land contract off and they say I missed 4 pymts and extended my contract 4 months longer can they do that?

Original sellers passed away and the person is seeing hand written notes saying I missed 4 pymts. can changes be made like that without a new contract or signatures? Original contract ends in April they changed it to August but I'm paying it off early

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 18, 2023

That isn't a 'change'. If you didn't make the payments they are entitled to the payments that were not made and it appears they are offering to do so with no 'interest penalty' which I'm sure the contract provides for ... you're probably coming out ahead. IF... View More

View More Answers

1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I sell a home I am purchasing on land contract without the original seller? The deed holder.

I've been here for 2 years and it's been an absolute nightmare I made a bad land contract with a former best friend turned lover want to be. As I dismissed his advances he has had me in litigation for 11 months he assumed me he gives me my life a living hell. I've been trying to... View More

T. Augustus Claus
PREMIUM
T. Augustus Claus pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 10, 2023

In a land contract or contract for deed arrangement, the seller retains legal ownership of the property until the contract is fully paid off. Therefore, if you are still in the process of purchasing the home on a land contract, it's likely that you would need the original seller's... View More

1 Answer | Asked in Real Estate Law for Michigan on
Q: I'm in a Bad land contract with my former best friend and I would like to sell the house to get up from underneath them

My question is do I need him to sell it because he will not respond to a text message and email a phone call a letter nothing radio silence. I can't in good faith show a family a home and get their hopes up have them get a bank loan and have this Yahoo not comply

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 11, 2023

If I understand correctly, you are BUYING a home from a former friend on a land contract and making payments to them. MOST (and I can't emphasize enough that you need to read the terms of your land contract as this is only general information and not legal advice!) land contracts have a... View More

1 Answer | Asked in Real Estate Law, Banking, Business Law and Insurance Defense for Michigan on
Q: Mortgage company forcing me to pay for their inspection on an insurance claim to release insurance check.

The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 11, 2023

What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do.

If it doesn't say that,...
View More

2 Answers | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: If I bought a house from somebody and paid 95% of the home but the person did not have the deed yet and use my money to

To give them the rest of the money which was $900 and they went ahead and sold it to somebody else behind my back but I have been living in the home for over 5 months and the person that sold me the house had already had somebody come to the house once before with a gun and basically threaten my... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jul 10, 2023

In Michigan, an agreement to purchase real property must be in writing to be enforced in court. This may be a problem if you file suit to enforce the sale agreement.

View More Answers

2 Answers | Asked in Real Estate Law for Michigan on
Q: I have been in a relationship (not married) and we own a home together. What are my rights not that it is ended?
David Soble
PREMIUM
David Soble
answered on Jul 5, 2023

When parties are co-owners of a home or any other piece of property, and the parties are not married then any issues related to real estate are addressed and resolved under legal theories and remedies concerning contract law. Only a family law judge can order parties who are married to sell a... 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.