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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts, Family Law and Child Custody for Michigan on
Q: Our court order says “parenting communication is strictly between parents” no third party contact unless emergency...

Can my wife go to doctors appointments, school conferences or is that going against “no third party contact” and “parenting communication strictly between parents”

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Generally that means that the parents should communicate directly with each other and not boyfriends/grilfriends or new spouses.

Both parents should be involved in the childrens education and health regardless of whether you are still together or not. It is in the best interest of the...
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1 Answer | Asked in Contracts for Michigan on
Q: New car contract with a dealership question.

I purchased a new car in 12/19. All the contracts have been "signed, sealed and delivered", I received my new title from Sec. of State. I paid out of pocket (plus a check from my insurance co.) for the car, there is no leanholder on the title. Can the dealership say "oops, one of the rebates we... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jan 15, 2020

I would not dismiss the idea that the dealer can come back for more money. The answer probably depends upon the written agreement. I would look at what you agreed to: You may have agreed to pay $X for the car, and the papers probably show the rebate as the source of partial payment, so, from the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered this 2... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Michigan on
Q: Can I sue in small claims court for the remainder of a personal loan if the borrower has not made a payment in a year?

I loaned someone $3,000 in 2017. We wrote a contract for this person to repay me within 5 years. I did not require a monthly minimum payment. I did, however, include 7.5% monthly interest (which I later found out is an illegal amount. Monthly interest must be much lower). I wrote the contract in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

You may have a claim. You would quite likely need to file in the state where the contract was entered.

1 Answer | Asked in Contracts and Business Law for Michigan on
Q: Do I need to worry about a conflict of interest when hiring a lawyer for an employment contract?

I need to hire a lawyer for help with an employment contract. I've found one in town, but I live in a fairly small town. Should I ask the lawyer if my client is their client and avoid using that lawyer if that is the case?

Thomas. R. Morris
Thomas. R. Morris answered on Oct 25, 2019

It's not wrong to ask, but the lawyer is required to make that determination whether or not you ask.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Seller agreed to offer and signed all documents. Upon waiting for closing, seller decides not to sell.

The seller agreed to all terms, contingency money is paid, 2 weeks before closing they decided they no longer needed to sell their home(long story).

What do i do now?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 4, 2019

Without seeing the terms of the offer it is hard to say what you can or should do. Possible remedies range from getting your deposit back and declaring the deal ‘dead’ to forcing the sale, or something in between.

You need to consult with a local attorney in the area where the house is...
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1 Answer | Asked in Contracts for Michigan on
Q: How can a $5000 agreed judgement in 2000 (no more heard) become today $20,000 now 2019 and wages garnished without know

A third party brought a judgment (not sure when) Judgement was $5000 and my wages was just garnished for a 19 year old judgement for $20,000. We have not heard anything since we agreed on $5,000 until his wages where just now garnished from another 3rd party who bought the judgement. The real funny... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

With interest and costs, it's quite easy to get from $5,000 to $20,000 over nearly 20 years. Did you complete the terms of the settlement agreement? If so, that you should take that to the court with proof. Often times, a settlement agreement early on would say something like "defendant agrees to... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Civil Litigation and Landlord - Tenant for Michigan on
Q: Could the lessor be in breach of contract?

I moved into my apartment in November 2018. As of September 2019, not one item from my move-in checklist has been addressed. I have a ceiling fan that is inoperable due to the fact that it is not securely attached to the ceiling. I have a non-functional bathroom exhaust fan, which was inspected by... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Sep 9, 2019

What would you like to do?

You may be able to withhold rent and/or fix things and subtract it from your lease if the repairs are ‘necessary’ to make the place habitable but only if you follow the appropriate procedures to do so.

A better option would be to walk away and rent...
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2 Answers | Asked in Contracts for Michigan on
Q: Can I change terms in a contract without informing the other party?

For example, say I am looking to take out a loan of $1,000 at 10% to be paid over a year and am able to take the contract home to review.

If I change the contract to instead say that the loan is for $1,000 at 5% to be paid over a year and return the new contract signed, to the bank. If... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Sep 4, 2019

The short answer is no. Perhaps someone else is in the mood to write a lesson in contracts law. I will just use the phrase «no meeting of the minds ».

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1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on
Q: If a home is part of a HOA, is the owner legally responsible to disclose that to the new owner/protentional buyer?

I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 15, 2019

Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.

PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done...
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2 Answers | Asked in Contracts for Michigan on
Q: I’m left my abusive and alcoholic boyfriend. My name is on the car loan. How can I get my name off the loan?

He is driving the car without insurance and I don’t want to be liable for whatever occurs with the vehicle.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

The most effective way to remove your name from the loan is to pay it off. Short of that there is very little you can do because the bank alone makes that decision. (Note: It would not hurt to notify the bank about this situation, just to get it on record that you are worried.)

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1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: Can the landlord charge me for trash if the lease says trash is included?

If the lease I signed states trash removal is included in rent, but now they want to charge me $9 a month extra with out a new lease is that legal?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Aug 5, 2019

Unless the landlord has significantly improved the trash removal services included in the lease--like going to a system where someone will be picking up your trash at your door--the current term in lease still applies.

1 Answer | Asked in Contracts for Michigan on
Q: I had a stamped patio but in in nov of last year theirs a crack in it . I contacted the company their response was we

Will fix it however you want now their saying we will patch it or take me to court I have him saying that in writing is he liable? To replace cement

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 25, 2019

Advice: If you contacted the company to complain and get all your money back you were wasting your time. Why? Because unless the crack in your "stamped" concrete patio has rendered it completely unusable or damaged some other part of your home, IMPO no court will let you keep a new concrete patio... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Licensed real estate agent question

I am a licensed real estate agent in Michigan, but do not practice as one. I have a friend who lives in California & I viewed several properties he's going to buy, took photos, and retrieved info from the seller for him since we are both local and he isn't. At closing he has proposed the title... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 22, 2019

Rather than go out on the 'net and do legal research before answering this question I will suggest an alternative that skirts around all the sticky legal issues: Have you friend pay you personally--outside the closing--thereby avoiding a paper trail.

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1 Answer | Asked in Contracts for Michigan on
Q: I have lived in my trailer park for 14 yrs, it bought around january and i have yet to recieve a new lease.

I am wondering if/when they need to have me sign a new lease.

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Jul 9, 2019

There is no way for any lawyer to answer this specific question about your mobile home park here on Justia.

However--if it helps--you might want to know that trailer parks all across America are being sold to investors who plan to stop renting the trailer spaces to tenants--so they can...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: How do I get a co owner off of a land contract that is not contributing financially but refuses to leave the home?

My ex and I are on a land contract together however he refuses to leave, has no job, and does not contribute financially in anyway. I have made all the house payments, utilities are in my name, and I made the initial down payment. Only real claim he has is that I foolishly allowed his name to be... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 30, 2019

You say 'your ex' implying there was a divorce?

If so, the divorce judgment should specify who is responsible for what financially and who owns the house.

If you were not actually married things are far more complicated. I would urge you to consult with a local real estate /...
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1 Answer | Asked in Contracts for Michigan on
Q: Bought a new car w/11 miles on it. Dealer kept car to put sunroof in and got it back w/168 miles. Is this breach of Con?

No damages. It was a new car that I purchased and hadn’t taken home yet. The dealership put an extra 150 miles on it when my contract said 11 miles on the odometer. Shouldn’t they had it towed to get the moonroof put in and not driven it?

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 28, 2019

Perhaps; but what are your damages? Are you trying to give the car back?

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: My daughter is always pressed to renew her apt lease 8 months before her lease expires. Can they do that?

She was told she had to sign paperwork in January even though she leases August to August. Now that she has found a house to buy, they said she can’t get out of the lease agreement even though it doesn’t begin until August 2019. She’s been there for many years and she goes through this... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 6, 2019

The written lease should specify exactly when it will come up for renewal, as well as what happens if the tenant does not renew at the time designated. Most leases come up for renewal about 60 days before the end date; and some leases will allow tenants to "holdover" after the end date--but only at... Read more »

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