Get free answers to your Real Estate Law legal questions from lawyers in your area.
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
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!
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
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.
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
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
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
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
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.
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
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
Does that affect my situation or only the deeds that came after the new 2017 ruling?
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
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
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.
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
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
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
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
Me will the house become his? Or can my next of kin (mother who I have no relationship with) take it from him?
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
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
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
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
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
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.
I’m in Michigan. What process is needed?
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
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
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
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
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.
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
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
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
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
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
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
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.