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Michigan Contracts Questions & Answers
2 Answers | Asked in Landlord - Tenant, Contracts, Civil Litigation and Real Estate Law for Michigan on
Q: Legal actions for issues with lease and alleged late rent payments after moving out.

I moved in with my mother and her husband about 3-4 years ago and had a verbal agreement to pay $200 rent directly to them. After some changes, I was told to pay the landlord directly, but there seemed to be confusion about the payment plan and outstanding balances. I eventually moved out, but my... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2025

If I understand correctly, you verbally 'sublet' part of your mother's rental for $200 a month, but somehow your name is on the lease? How did that work exactly? What does the WRITTEN lease say about your obligations?

Without seeing that document I can't even hazard a...
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Q: How to address misrepresentation in divorce property claims?

I'm seeking accountability for my ex-husband's misrepresentation during our divorce. He purchased two houses in 2013, claiming to be single, while we were married until 2014. I have evidence from a workers' compensation hearing showing discrepancies and deeds indicating he was... View More

Brent T. Geers
Brent T. Geers
answered on Mar 29, 2025

Who are you seeking to hold accountable? This all sounds like an issue to be raised in a post-judgment motion to the divorce proceeding. However, you're going to need to explain to the court why and how you could not have discovered and raised this issue before.

You won't hear...
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3 Answers | Asked in Personal Injury and Contracts for Michigan on
Q: Why did my attorney get more of my personal injury settlement than me?

In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Aaron Israels
Aaron Israels pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 29, 2025

In Michigan, contingent fee agreements need to be in writing and will outline how fees are calculated and what 'out of pocket' costs are recoverable by the attorney. My guess is that your case didn't settle for a lot of money and that the costs created the discrepancy that you are... View More

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3 Answers | Asked in Personal Injury and Contracts for Michigan on
Q: Why did my attorney get more of my personal injury settlement than me?

In my personal injury case, I agreed to a contingency fee where 1/3 of the settlement goes to my attorney. However, I'm concerned because the attorney ended up receiving more from the settlement than I did. Could you explain why this might happen, and what considerations or additional fees... View More

Tim Akpinar
Tim Akpinar
answered on Mar 31, 2025

I'm sorry about your frustration with the results of your case. There are a few common things to look at - terms of your retainer, out-of-pocket expenses, etc. You ask about considerations that could result in a reduction. A common one is liens, where a medical office may want money back if... View More

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1 Answer | Asked in Civil Litigation, Family Law, Probate and Contracts for Michigan on
Q: Can a court change annuity beneficiaries post-death in MI?

My mother passed away in 2024, having been divorced in 2015 in Michigan. The divorce included a QDRO ordering a lump sum to be paid by her ex-husband via an IRA rollover, designating him as a partial beneficiary. However, due to an oversight, he wasn't listed as a beneficiary on her Prudential... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 12, 2025

They may not be able to change the beneficiary per se, but the Divorce Court and Probate Court both have 'equitable' powers and can "recover" funds paid legally but contrary to prior court orders.

This situation needs to be reviewed by a local probate / divorce attorney...
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2 Answers | Asked in Intellectual Property, Internet Law and Contracts for Michigan on
Q: Can I use social media content in a commercial report without permission?

I'm creating a syndicated trend report for commercial use and plan to include social media posts and images from brand accounts, Facebook groups, and public blog sites. The content and images are original and created by the brands or account owners. I've never obtained permission before... View More

Emmanuel Coffy
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answered on Mar 7, 2025

You generally need permission to use social media content in a commercial report. Most social media platforms’ terms of service grant users copyright over their posts, meaning you cannot republish their content for commercial purposes without authorization. Using brand-created images or posts... View More

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2 Answers | Asked in Real Estate Law, Consumer Law and Contracts for Michigan on
Q: Mortgage escrow refund led to shortage; who's responsible?

I received a refund check for an escrow overage from my mortgage company in August of last year. This was issued before they paid our taxes, leading to a negative balance in the escrow account. Now, they are increasing our monthly payments by over $1500 to cover a $10,000 shortage. We didn't... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 27, 2025

Who is 'responsible'?

That depends. Is the accounting accurate and did you receive the money refunded?

Then YOU as the property owner are ultimately 'responsible' to pay the taxes.

Unless the company misapplied the funds or didn't actually refund...
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1 Answer | Asked in Business Law and Contracts for Michigan on
Q: Is spending from joint account considered stealing in marriage?

I have a debit card in my name and am on the checks for a joint account that is technically in my husband's name. Although mostly his paycheck goes into the account, we might have added some mutual money as well. We are not separated or going through a divorce. My husband claims that if I... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 27, 2025

No, he is not correct. The bank is authorized to honor a withdrawal or check drawn by either account holder. It is possible for the joint account holders to have an agreement between them as to the use of the funds, so your spending might violate an agreement, which one might call... View More

1 Answer | Asked in Banking and Contracts for Michigan on
Q: Is it legal for my parent to take money from my joint account without consent?

I am an 18-year-old and had a joint account with my parent. My parent took over $500 from the account without my consent. Although the bank advised me to open a new account solely in my name, I did not give my parent permission to use the funds after turning 18, and there was no agreement regarding... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 20, 2025

Banking law prevents you from suing the bank for honoring the request by a joint account owner for money from the account. I don't believe that a joint account owner commits a crime by taking money from the account that is legally his money. That leaves two questions: 1. Could you sue... View More

2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Feb 19, 2025

If the conveyance was by a warranty deed, the seller breached one or more warranties and you could sue to enforce the warranties. There may be a claim for breach of contract as well.

The criminal matter should be referred to the police. You could sue him based upon the threats of arson...
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2 Answers | Asked in Real Estate Law, Contracts, Criminal Law and Personal Injury for Michigan on
Q: Legal actions for verbal house purchase and threats.

I bought a house from a friend through a verbal agreement and paid him $18,000. He was supposed to pay the back taxes, but he didn't fulfill this obligation, and now I'm at risk of losing the house due to unpaid taxes. I also discovered that he didn't own the property nor was it in... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 19, 2025

OK -- what a mess. If you "bought" a house with a 'verbal agreement', you didn't really buy the house. A sale of Real Estate REQUIRES a written document. Did you even get a deed?

I concur to the extent there are threats of criminal activity, you need to contact the...
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1 Answer | Asked in Civil Litigation, Construction Law, Contracts and Real Estate Law for Michigan on
Q: If I am under contract to buy a property, can I report inspection findings to the city?

I am under contract to purchase a rental property currently in the process of receiving a rental liceance from the city. My purchase agreement stipulates that the rental liceance must be granted before the deal is closed. During pre-purchase inspection, several major structural and health issues... View More

David Soble
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David Soble
answered on Jan 29, 2025

The purchase agreement that requires the rental license to be granted before closing should also already include a clause for notifying the seller of inspection results and of your satisfaction with said results. If serious issues are found, the seller must either fix them or release the buyer from... View More

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I paid a contractor to do my bathroom Dec 2 starting date still not being complete what can I do

I have a written contract

Thomas. R. Morris
Thomas. R. Morris
answered on Dec 23, 2024

The contractor may have breached the contract by failing to begin the project as promised, but the issue from the perspective of an attorney is whether enforcement of the contract in the courts is cost-effective. It is probably not cost effective. To threaten litigation might convince the... View More

3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

This is a really cool question. I won't paint you a definitive answer but I will sketch for you the lines of my initial impression.

AI "art" can't be copyright. → so making a derivative work won't infringe. → a transformative derivative work can be copyright...
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3 Answers | Asked in Contracts, Copyright and Intellectual Property for Michigan on
Q: Can I sell hand painted reproductions of AI generated art on a platform claiming ownership via terms and conditions?

I understand AI generated art cannot be copyrighted, but a website allows users to generate art on their platform, but claims it cannot be used in certain circumstances. Can I reproduce those images in another medium without violating their terms and conditions

Alan Harrison
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answered on Dec 21, 2024

… further note about T&Cs: these can establish rights in the website owner other than copyright, and if you violate the T&C then the website owner has to seek a remedy for breach of contract, which would require them to prove their damages from breach (rather than having the possibility... View More

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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: My grandfather recently died and we found that he entered into option to buy agreements with no exp date. Enforceable?

The agreements were one for the farmland and one for the farmhouse back in 2012 and 2013. Both have given monetary consideration but no expiration date (grandfathers death triggered the option). Both options are for purchase prices far below market value. Also, the optionees on the land deal are... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Nov 23, 2024

Without seeing the actual paperwork it is impossible to provide any real advice but

1) If there was 'consideration' given

2) if the agreement was in writing

3) if the other conditions have been met

and

4) if the other party (ies) are wanting to...
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1 Answer | Asked in Contracts for Michigan on
Q: CA Corp was converted to MI. Can I list CA mailing address in contracts considering governing law clause?

My CA Corp was converted to MI, but I still use a CA mailing address. Can I list my CA mailing address in contracts? or add some distinction and add the MI address?

For instance: "by and between Rustoleum Works (the "Client"), of 436 Kings Way, Santa Barbara, CA 90678, and... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 5, 2024

The use of a Michigan address is not necessarily required, but it does help to solidify the jurisdiction clause. The wording of your jurisdiction clause could be improved because if there is federal diversity action, the litigation won't be in Oakland County since the federal court does not... View More

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Rental agreement for bottle water being overchargedcharge a paper statement service fee for them to mail me a bill

So I signed up to receive water from a company. I can get one bottle for $7.75. And when they Finally sent me a bill, it was never an itemized bill.but l just recent I find they're charging me $8.75 per bottle.

Why the extra dollar did they use a bait an switch

On top of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Read those written agreements and terms of service carefully. Likely, what you are seeing is reflected in some terms you acknowledged agreement to. Nowadays, it is not uncommon for companies to charge a service fee to mail billing statements if you elect to have things sent by mail. Your remedy is... View More

2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

A claim involving the destruction of a house should receive prompt attention, in terms of investigation, damages assessment, alternative living arrangements, and other elements. You could reach out to attorneys who handle property damage losses involving insurance. Gather and organize your file... View More

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2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Scott G. Wolfe Jr.
Scott G. Wolfe Jr.
answered on Jul 16, 2024

If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.

First, you are dealing with a property insurance claim if this is related to...
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