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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts for Michigan on
Q: Is a seller exempt from providing a disclosure statement because they have a tenant living in the house?
Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

In the briefest terms, the seller is probably not exempt.

The Michigan seller's disclosure statement but be provided for the sale of any residential dwelling units between 1 and 4 (single family homes to four family apartment buildings). The statement is not required if there is a...
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1 Answer | Asked in Contracts for Michigan on
Q: I moved into an apartment last yr taking over an open lease. The complex has yet to have a conversation with me

And now I find out that apparently there are utilities besides consumers connected to the apartment how can I hold them accountable for never giving me this information

Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

It looks like your question is originating in Ohio, but in the Michigan law section.

There just isn't enough information to provide even a remote answer, regardless you'll probably need to contact an attorney directly for a consultation on this.

1 Answer | Asked in Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: Can a co-op board make changes to a signed and executed proprietary lease with a shareholder Like, allowing subletting?
Michael Zamzow
Michael Zamzow answered on Mar 23, 2021

I think we'll need more information to offer an insight.

Depending on the power of the co-op board, it might be able to dictate certain guidelines, there are sometimes 'reasonable' boundaries, but oftentimes what is ever is written in the bylaws controls.

1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Our waste removal contract requires 60 day notice to cancel before our expired contract auto renews. Can we break this?

The contract expires 3/8/2021. We notified the waste removal company that we intend not to renew the contract on 2/23/2021, but contract terms force us into renewal unless a certified letter was mailed on or prior to 1/8/2021. We are not happy with service, and we would like to avoid this ongoing... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Feb 23, 2021

The renewal provision is probably enforceable.

If the hauler is not performing in accordance with the contract, notify it in writing of the deficiency. Perhaps you can terminate the contract if the deficiency is not cured. Without a copy of the contract, I am at a disadvantage in trying...
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2 Answers | Asked in Civil Litigation, Contracts, Land Use & Zoning and Real Estate Law for Michigan on
Q: My partner n I recently split up n she refuses to move.Her name is not on any bill or lease.How do I make her move?

She's not on any bills or the rental agreement however we have lived together for a year now. She refused to move continues to tell me to "evict her" do I have to go through an official eviction processor is there another way?

Kenneth V Zichi
Kenneth V Zichi answered on Feb 22, 2021

If she is holding over after a 'legal' lease (whether or not her name is on anything the facts you present make her a 'legal' tenant on a month to month basis at the very least) you DO need to go through an eviction process if she refuses to move out voluntarily.

That...
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1 Answer | Asked in Contracts and Banking for Michigan on
Q: Is it legal for someone to keep mail from me in this kind of circumstance?

I got a car with my grandpa as cosigner. He later got diagnosed having dementia. My uncle then became person in charge of his affairs, his financials included. My vehicle was repossessed for non payment of three months. I didnt receive any notices. I later found out notices had been sent to my... Read more »

Adam Alexander
Adam Alexander answered on Feb 18, 2021

Were you supposed to make the monthly payments? It is not clear in your question.

Not a lot you can do to avoid this debt. Despite the lack of notice, you (or your grandpa) was required to make the payment. When the payment is not made, default occurs. The creditor can then proceed with...
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1 Answer | Asked in Contracts for Michigan on
Q: for Michigan if there is no name and contact info of who constructed the contract on the contract who can object

in Michigan law if there is no name or contact information as to who constructed the contract on the contract, who has a legal rite to object to the counter claim filed because as far as I knew only the drafter of the contract has the rite to file suit and object to counter claim

Brent T. Geers
Brent T. Geers answered on Jan 12, 2021

For purposes of some claim of breach, it doesn't matter who drafted the contract. Either party may state a claim that a breach occurred. Where who drafted the contract comes into play is when there is some ambiguity in the language that substantiates the breach; when the contract is ambiguous,... Read more »

1 Answer | Asked in Business Law, Civil Litigation and Contracts for Michigan on
Q: How do I divest myself of interest in an LLC; 50/50 Members in a dispute. Accountant says I can turn it over to State.

Accountant says I can turn it over to State of Michigan division of corporations.

Thomas. R. Morris
Thomas. R. Morris answered on Dec 11, 2020

There is no procedure for the state to accept a transfer to it of a membership interest in an LLC. It should be possible to resign as a member. You should consult with an attorney who can review the entire situation, and the accountant may be useful for advice as to potential tax consequences or... Read more »

1 Answer | Asked in Contracts, Business Law and Civil Rights for Michigan on
Q: LLC is suing a Member. Does the Member have to be represented by counsel to defend their own interest. Not the LLC

LLC is suing a Member by another Member who has equal share. The defending Member is not representing LLC. Does Member being sued have to represented by counsel. If so, why, if the Member is not defending the LLC

Sarah S. Shepard
Sarah S. Shepard answered on Dec 4, 2020

The general rule in most states is that business entities, such as LLCs, must be represented by a licensed attorney in court. Individuals generally may appear pro se, meaning that they may represent themselves, in court proceedings and lawsuits.

That said, it is best generally best...
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2 Answers | Asked in Contracts, Business Law and Civil Litigation for Michigan on
Q: Does Michigan LLC Member have to be represented by an attorney when answering a complaint filed by a Member for the LLC

LLC filed a complaint against a MEMBER in the LLC on behalf of the LLC and the Judge said I have to have an attorney but a lawyer told me I don't need a lawyer because I am not defending the LLC

Thomas. R. Morris
Thomas. R. Morris answered on Dec 3, 2020

Yes. The LLC is a separate entity that cannot represent itself and therefore must be represented by an attorney.

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1 Answer | Asked in Contracts for Michigan on
Q: We recently closed on a home and gave 14 days to seller to turn over possession and she signed this document.

If she isn’t gone within last date, what do we need to do to take possession of our property?

Brent T. Geers
Brent T. Geers answered on Nov 4, 2020

You would need to commence an eviction action.

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... Read 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.

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1 Answer | Asked in Contracts for Michigan on
Q: I have a contract between us & a school, but was signed by a third party company. The third party company was

responsible for paying their bills. They did not pay us. Do we have to go after the school because that's who the contract is between or can we go after the third party that signed the contract?

Thomas. R. Morris
Thomas. R. Morris answered on Oct 14, 2020

It sounds like the contract was with the third party, in which case you need to pursue the third party. An attorney could review the documents and make that determination.

1 Answer | Asked in Contracts and Civil Litigation for Michigan on
Q: Do I need to answer summary judgement motion if I'm waiting on court hearing

I field a motion to dismiss and filed for hearing . The plaintiff filed a motion for summary judgement last week . My question do I have to answer them if I'm waiting for my court hearing ?

Thomas. R. Morris
Thomas. R. Morris answered on Oct 3, 2020

Yes, or the motion may be granted, meaning that you lose the suit. You may want to consult an attorney.

1 Answer | Asked in Contracts for Michigan on
Q: If I breach my teaching contract can my teaching license be suspended?

I applied for a self-contained special education position. After being hired I was told that the district has decided to change the position to a co-teaching position. My contract only says that the position is a special education teacher position. It does not specify what type of special ed... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 28, 2020

I don't believe a breach of an employment contract would jeopardize your teacher certification. Your contract probably provides for some provision allowing you to quit or resign with appropriate notice, so I'm not sure if there is a breach.

1 Answer | Asked in Contracts and Banking for Michigan on
Q: Can a bank cancel my gap insurance because they mess up on my loan?

apparently they do not offer gap insurance on the type/length of loan we have. But we sign paperwork stating they will cover it 2 months ago.

Adam Alexander
Adam Alexander answered on Sep 23, 2020

There may be language in the GAP contract allowing them to back out. Obviously you should get your money back for the contract. If it was part of your finance contract, you may want to request a new breakdown of costs because the Truth in Lending Act requires them to provide perfectly accurate... Read more »

1 Answer | Asked in Contracts and Education Law for Michigan on
Q: For remote learning, can schools force agreement to the Terms of a private company, exp Zoom, and what if I say no?

With remote learning, what happens if I don't agree to the terms and conditions of a 3rd party company/software, Zoom, Google, etc, they're using, can the state say I'm not teaching my child under the law? What if I don't agree to them being on camera and a 3rd party recording... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 5, 2020

If you don't agree to the terms of service for the video platform your school uses, than you cannot participate in the virtual learning offered through the school. You would then need to elect to send your child to school in-person (if offered), or your child would not be considered an... Read more »

1 Answer | Asked in Civil Litigation and Contracts for Michigan on
Q: If I move out of my apartment am I responsible for utilities in my roommates name if I still pay my half of rent

I'm planning on moving out and I still have a lease on my apartment, my roommate wants to take on the full lease at a later time, until then am I responsible for the utilities in her name until then or just what's in my name? We have no agreement outside of the lease with the apartment... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Sep 3, 2020

Once we get the facts laid out, the answer will become clear.

If the lease is in your name and you move out with the expectation that the roommate is going to sublet from you, you and the roommate need to determine the terms of the sublet. If the roommate is going to "take on the full...
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1 Answer | Asked in Civil Litigation, Contracts and Consumer Law for Michigan on
Q: Can I sue this company under what tort?

I had a verbal agreement (recorded) with a pest control company to remove a wasp nest with ONLY a non residual contact aerosol pesticide which would be used to kill the wasps quickly in their nest then the nest would be put in a bag and pulled down. I was assured that the chemical used would not... Read more »

Adam Alexander
Adam Alexander answered on Sep 1, 2020

You want to know if you have a meritorious case. A lawyer will require a lot more information to answer this question. The biggest problem with your potential case is the verbal contract. Your recording may or may not be admissible in court based on multiple factors. If it's not admissible,... Read more »

1 Answer | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: i lived in an apt complex for 5 years. NEVER paid a late fee!!!!!no problems at all. mt lease was up april 30,2020. i h

i couldnt get help to move at that time because of virus closures. i couldnt turn key in till june 6 they are saying i have to pay my deposit back and charging me a mth rent during the initial out break. how can they charge me 800.00

Kenneth V Zichi
Kenneth V Zichi answered on Jul 6, 2020

If I understand the question, you resided in an apartment until June 6 but your lease ended on April 30. That means you 'held over' a little over a month.

Therefore, you owe a little over a month in extra rent on a 'month to month' basis (look at your lease, I bet it...
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