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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts and Family Law for Michigan on
Q: My son signed over right of his baby to girlfriend when she gave birth. Is this a binding contract?

My son has a job. No addictions. His girlfriend holds this over him and often I ( grandma can't see my grandson because she controls all).

Brent T. Geers
Brent T. Geers
answered on May 15, 2023

Depends on what you mean by "signing over rights". Typically the only thing that's signed between unwed parents is an Acknowledgement of Paternity (AOP). If your son signed such a document, he is acknowledging paternity - that's it. By default, the mother has custody, and no... Read more »

1 Answer | Asked in Contracts, Construction Law, Libel & Slander and Small Claims for Michigan on
Q: We are a GC trying to collect most of final payment. Homeowner refuses to let us back for punch list- owes 6375

The contract amount is 20,875. This guy is a lawyer and a bully. He refuses to pay or allow us to finish minor details. What can we do? He also left a nasty google review full of lies

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

I see three remedies:

1. A construction lien. I am not going to write up all of the steps because it is somewhat complicated and we don't have enough facts to determine whether the remedy is available.

2. A lawsuit against your customer to collect the balance.

3. A...
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2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 21, 2023

The first problem is that the state of Michigan abolished the cause of action for breach of promise to marry. The second problem is that the other contracting party is married. I expect that the court would find that his contract to marry someone when he was already married is against public... Read more »

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2 Answers | Asked in Contracts and Family Law for Michigan on
Q: Are text messages contractural in a personal relationship?

I was involved with a man who was in the process of divorcing his wife (Have Court Docket). We've known each over 20 years and became personally involved for about a year. Within 20-25 days of receiving a handwritten note of love and devotion, he abruptly returned to his marriage... Read more »

Brent T. Geers
Brent T. Geers
answered on Feb 22, 2023

What exactly were his promises to you? By your question, it sounds like he effectively told you "if you move out here with me, I'll do this...". You indicate you have not moved. Had you moved, you might then have some sort of promissory estoppel claim. But unless there is more to... Read more »

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1 Answer | Asked in Contracts, Estate Planning and Probate for Michigan on
Q: As the beneficiary of

As the beneficiary of a deceased insured, do I have the legal right to give the insurance company authorization to

Disclose the deceased, personal medical information? I am the deceased’s wife. They want me to sign a paper and give them that right. Is that legal for me to do? I did have... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 25, 2023

The Michigan statutes on decisions to be made regarding the body of a dead person use the term "next of kin" to refer to the class of persons who can make such decisions. As the widow, you would be the "next of kin". Therefore, you would be a person with authority to make... Read more »

2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 24, 2023

Let me rephrase your question slightly and see if you don't spot the 'common thread' here and what you need to do to 'stop the cycle':

1) I bought land without having an attorney review the transaction.

2) I had a real estate agent who is NOT an attorney...
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2 Answers | Asked in Contracts, Foreclosure, Real Estate Law and Landlord - Tenant for Michigan on
Q: I entered into a bad land contract deal and I need help- the title company signed the deed over amongst other things

I bought my house 2/2020 and put it up for sale 10/2020 not knowing this was not allowed as I have a RD loan- I used a Realtor and she wrote a bad land contract for the sale. The buyer does not pay as agreed and I want to do a forfeiture but don't trust myself to try alone and really... Read more »

David Soble
PREMIUM
David Soble
answered on Jan 24, 2023

The real estate agent and their broker may be responsible for writing a legal document as non -attorneys. With regards to your land contract being called due, lenders and banks usually have provisions in their mortgage that call a note due upon the conveyance of title. The issue is whether or not,... Read more »

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1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: If you give a friend $3000 to take you for a stat CT scan and take you to the ER and you gave this money (see below)...

If you give a friend $3000 to take you for a stat CT scan and take you to the ER and you gave this money under extreme anxiety and emotional distress because you're a widow with no one to help you, and later when calm you ask how they could do that if they're your friend, and now you... Read more »

Brent T. Geers
Brent T. Geers
answered on Jan 19, 2023

No. The more legal question becomes whether this was a gift or transfer made under a contract. In either case, you are out that money. When you give someone a gift, you lose control once the transfer is made; if a contract, the money is theirs once you offered $3,000, they accepted it, and gave you... Read more »

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 6, 2023

Do you have COPIES of the documents you delivered returning the keys and providing your forwarding address?

Without copies, you didn't send them (the landlord WILL claim this!)

Your best bet at this point is to hire an attorney to fight this or just pay (a probably smaller...
Read more »

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2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: So I'm being sued from an apartment from 4 years ago. I paid my month to month and notified them of my leave.

It was agreed I pay month to month after March as I was in the process of looking and buying a home, which I found in April and was moved in by May 2018. I moved out at the end of May notified the complex like agreed and left the keys, four years later I'm being sued for June and July rent,... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 5, 2023

Did you sign a lease that obligated you to pay rent for a period of time that extended past the date on which you moved out? I suspect that there was a lease, and it went through July 2018. If so, the fact that you notified the landlord of your intention to move probably makes no difference.

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1 Answer | Asked in Contracts, Family Law, Real Estate Law and Domestic Violence for Michigan on
Q: My mother's ex-boyfriend was added to her Property Deed for her home without her knowledge/consent. How does she fix it?

My mother purchased her first home in August of 2020. To her dismay, when she was reviewing her paperwork she learned her ex had gotten his name on her deed. Her ex has been terrorizing her for over a decade. He has over 7 violent criminal charges for attacking her, nearly killing her once.... Read more »

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 15, 2022

Nobody can 'sneak' their name onto a deed. Similarly, nobody can REMOVE a name from a deed without that person's active participation.

Your mother NEEDS to get a local real estate lawyer to review ALL the paperwork (as should have been done at the time of purchase, but that...
Read more »

1 Answer | Asked in Consumer Law, Contracts, Civil Litigation and Internet Law for Michigan on
Q: Need help with Personal & Venue Jurisdiction with multiple parties during online car deal purchase

Purchased car online. Started with Dealer 1, car was at Dealer 2, Dealer 3 also in it & Dealer 3 is parent company of 1&2. Dealer 1&3 live in 1 state, Dealer 2 in 1 state and myself in 1 state. Dealer's 1&3 have branches in many states including mine. Dealer 2 is on Retail... Read more »

Brent T. Geers
Brent T. Geers
answered on Nov 6, 2022

You really need to find a lawyer; this is far more complex than you think it is. And if you try doing this on your own, without a full knowledge of the court rules and applicable case law, you are going to find yourself the recipient of a summary disposition, meaning your case will be over before... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: Can a family law referee void a listing agreement that two people agreed upon 1month prior, and set a price that he set

Yes he knew that the parties agreed to list the property for 120,000 and signed the listing agreement a month prior to him changing it,

Jod says Court DOES NOT RETAIN JURISDICTION OVER THE NEGOTIATIONS BETWEEN PARTIES Through counsel

Brent T. Geers
Brent T. Geers
answered on Aug 31, 2022

I'd be curious to know whether the referee knew about the listing agreement. In other words, was it properly presented to the referee?

As a general principle, a house being part of a marital estate falls within the court's jurisdiction when a divorce is pending. Generally, the...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Can a Michigan referee void a listing agreement that two divorced people agreed upon and signed

One month after couple signed listing agreement, Michigan court referee on it owns choosing voided listening agreement and set price that he chose is this not considered taking away his due process of fifth amendment of ownership of property by two people that agreed to list the property

Brent T. Geers
Brent T. Geers
answered on Aug 29, 2022

Your question does not make clear what is really going on. It sounds like the referee determined a price for the house to be divided as part of the property settlement. If that's the case, I'm not seeing that as a "taking" and is within the court's and referee's... Read more »

1 Answer | Asked in Animal / Dog Law and Contracts for Michigan on
Q: I have a written agreement that made a number of animals mine after a certain date. I rehomed them, can I be sued?

I housed a large number of exotic animals in an emergency situation. They were reptiles and insects, mostly snakes. The written agreement had a specific time frame for the animals and after that time the animals became mine. Since the animals were in poor condition (mites, respiratory illnesses,... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 13, 2022

Certainly, a lawyer would need to review the actual written agreement, but if it says, as you're indicating here, "I agree to care for the animals for this period of time, and if you don't come get them before that time ends, they are mine", then I think you are on solid legal... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: If an attorney signs a contract without clients knowledge, where attorney had no power of attorney is that contract lega

Is that contract voidable

Never ever once did he allow his client to view the contract he he signed and approved not once and he had no authority, nor did he a power of attorney to do anything on his client's behalf without clients knowledge

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 11, 2022

This is a question of "apparent authority" on the part of the attorney, as an agent of the client. Under that doctrine, the contract might be enforceable. Whether it is enforceable will depend upon the specific facts. It is possible that it is enforceable. That does not, however,... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: Had recommend HOA Contractor do some work. After work was done 30 days later new policy installed and I was violated.

Is this legal, when they gave me contractor's information? Should the contractor have known what was allow in the HOA since he came at the HOA recommendation? I spoke to HOA told them work was complete before new policy was in place. I did not hear anything until this year with threats, five... Read more »

Michael Zamzow
Michael Zamzow
answered on Aug 4, 2022

It depends what the HOA has actually done to enforce the new policy. It sounds to me like it would be grandfathered in until typical HOA policies, but perhaps not. Unfortunately, if the HOA is making a bigger deal out of this than they should it might take a costly lawsuit to get the matter... Read more »

3 Answers | Asked in Contracts for Michigan on
Q: Is my mentally ill adult daughter liable for an apt lease she signed?

My adult daughter, who is presently already under an apt lease (since Dec 2021) in her hometown in Michigan, signed a one year lease for an apartment in Chicago while on medications (still is) to treat a mental illness.

She went thru a broker who keeps the first month's rent... Read more »

Michael Zamzow
Michael Zamzow
answered on Aug 4, 2022

What you're outlining, as identified by some other attorneys here, is a defense based on lack of capacity. That is, certain individuals (possibly your daughter) are legally incapable of incurring binding contractual obligations. And in the case of a protected individual in this class who makes... Read more »

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3 Answers | Asked in Contracts for Michigan on
Q: Is my mentally ill adult daughter liable for an apt lease she signed?

My adult daughter, who is presently already under an apt lease (since Dec 2021) in her hometown in Michigan, signed a one year lease for an apartment in Chicago while on medications (still is) to treat a mental illness.

She went thru a broker who keeps the first month's rent... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 1, 2022

The issue under Michigan law is whether she had the ability to understand what she was signing. I agree that the diagnosis does not answer the question. Were she to be sued, she would have to convince the court of her defense, which might require expert testimony. Further, the landlord would... Read more »

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3 Answers | Asked in Contracts for Michigan on
Q: Is my mentally ill adult daughter liable for an apt lease she signed?

My adult daughter, who is presently already under an apt lease (since Dec 2021) in her hometown in Michigan, signed a one year lease for an apartment in Chicago while on medications (still is) to treat a mental illness.

She went thru a broker who keeps the first month's rent... Read more »

Brent T. Geers
Brent T. Geers
answered on Aug 1, 2022

Unless there is a guardianship proceeding or some other court mental health proceeding, it will be an uphill battle fighting this in court. People are presumed competent when entering contracts. And just having a mental health diagnosis does not necessarily make a person legally incompetent.... Read more »

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