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Michigan Contracts Questions & Answers
2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
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answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 18, 2024

In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.

While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the...
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2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

James L. Arrasmith
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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: I loaned someone $4000 with a signed and notarized promissory note. They are not in default. Do I have recourse?

I bought my home from him and he also abandoned his vehicle on my property.

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

Yes. You can sue them. The person will either answer and appear, or not. The judge will determine whether they are actually in default and if so, what the judgment amount is. It is then your responsibility to collect it legally. Unfortunately, you may find that the person who owes you this money... View More

1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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1 Answer | Asked in Contracts, Family Law and Immigration Law for Michigan on
Q: how do i sue my sponsor?

my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.

My... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More

1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?

have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

You don't want to cloud the title. You want to buy the property!

Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.

But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they...
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2 Answers | Asked in Contracts and Entertainment / Sports for Michigan on
Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.

Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now.

Well it's been 2weeks and nothing!... View More

James L. Arrasmith
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answered on Nov 18, 2023

If you paid for a service from an app that was supposed to increase plays for your music, and they failed to deliver as agreed, you may have grounds for a lawsuit. This situation could potentially be viewed as a breach of contract if the app did not fulfill the terms of the agreement you entered... View More

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2 Answers | Asked in Contracts and Entertainment / Sports for Michigan on
Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.

Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now.

Well it's been 2weeks and nothing!... View More

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2023

You could sue on a contract-based theory. But if a law firm isn't willing to consider your matter on a contingency basis, that could mean attorney fees compounding things, win or lose. You could either on your own or through an attorney consider all options other than a lawsuit and weigh which... View More

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3 Answers | Asked in Contracts, Real Estate Law and Sexual Harassment for Michigan on
Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he

became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference?... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 13, 2023

Indeed Mr Arrasmith is correct, but in addition, Michigan recognizes the 'statute of frauds' which requires that contracts for ownership in real estate must be in writing to be enforceable so any 'verbal agreement' would be invalid for that reason too.

You will likely...
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3 Answers | Asked in Contracts, Real Estate Law and Sexual Harassment for Michigan on
Q: Hi, I need a real estate lawyer for Detroit, MI? I have a house under contract and I was going to JV wholesale but he

became abusive and sexist. Only my name is on the purchase & agreement contract. I never signed anything with him,now he's threatening me saying he's going to file a lawsuit on me, can he do that? But, I live in California, so I'm virtual wholesaling .If, that makes a difference?... View More

James L. Arrasmith
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answered on Nov 12, 2023

Based on the details provided, it is unlikely the joint venture partner you had a verbal agreement with has grounds to sue you for breach of contract or threaten legal action since nothing was formalized in writing:

First, without a written agreement signed by both parties formally...
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1 Answer | Asked in Adoption, Child Custody, Child Support, Contracts and Family Law for Michigan on
Q: What would we need to do to have custody of our nephew for a while with consent from his father who has sole custody?

Father may go to set up place out of state and wants child taken care of while he makes sure about living arrangements and work. Childs mom is only allowed supervised visits if father agrees 1×/week. Mother is not a child in an adults body. We want to make sure that the mom cannot take custody of... View More

Benjamin Jeffrey Stoltman
Benjamin Jeffrey Stoltman
answered on Oct 25, 2023

What you are describing can either be accomplished through a delegation of parental authority (power of attorney) or through limited guardianship. A limited guardianship will take longer and will cost more, but offers Court oversight and protection if mom were to become an issue. A delegation of... View More

1 Answer | Asked in Contracts, Domestic Violence, Identity Theft and Libel & Slander for Michigan on
Q: I've lost everything. My Ex-husband stole my identity, 2019, and ultimately my home of 18yrs in 2021. Is there a case?

I have my warranty deed, as well as the warranty deed of the woman I purchased my home from before Matthew and I were even married. In our divorce it states we have no claim to any belongings or property of the other. Also in decree, this will come up later, I had my last name legally changed back... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 29, 2023

A forged deed is not valid. You can file suit to challenge the forged deed and regain possession of your property. The notary may also have liability, and the notary probably posted a bond in the amount of $10,000 from which you might recover. You should consult with an attorney because the... View More

1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Contracts and Consumer Law for Michigan on
Q: I signed a solar/battery install contract. The system is incomplete and doesn't function as agreed. What are my options?

Hello everyone. I worked at and purchased a solar panel system from a solar installer in Michigan. There is a panel that is not functioning and I have had no help from the installation company for literally 87days. The battery was to be installed in 2022 when available. The battery is still not... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

You will need to sue the solar installer for breach of contract. In most instances, the finance company is not responsible for the solar system not working. All it did was provide money pursuant to a loan. The company that sold you the system, and the manufacturer of the system, are legally... View More

1 Answer | Asked in Bankruptcy, Contracts and Health Care Law for Michigan on
Q: When a continuing Care Facility files Chapter 11 does it void the contract which includes return of part of entrance fee

My cousin recently left a continuing care facility that filed chapter 11 two weeks later. Per her contract she gave 60 days notice but moved out in 20. Is she obligated to pay for the remaining 40 days since she probably wont be getting the 90% of her entrance fee back that was promised in her... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2023

A bankruptcy alone does not void a contract. Chapter 11 is a business reorganization. Essentially someone - a trustee - takes over the business, managing its assets and liabilities. Largely, that process does not affect you the consumer.

Think about it: you have likely bought products or...
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1 Answer | Asked in Civil Rights and Contracts for Michigan on
Q: Hello, Does my spouse and I have to sign a liability release form to allows photos to be taken and used ANY way/ forever

We are going on a 5 day trip to Jamaica. My sister in law invited us as tag a longs via HER church. We paid for the air fare on our own. However, the church secured block rooms price. We paid that directly to Liberty Travel agency. We paid for travel and flight insurance directly to the travel... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2023

If the dinner is optional - and I can't think of anyway they could make it mandatory even if they wanted to - then I think you have a choice to make: either go to the dinner and have a conversation about pictures before or during the dinner, or don't go to the dinner.

I would...
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