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Michigan Contracts Questions & Answers
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 »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Can I end the lease with out my ex having to take over

My ex and I were on a lease together our lease ends may 15 however the complex is refusing to take my name off the lease stating my ex needs to make 3 times the rent and be able to put the apartment in their name. Is this leagal being I have notified the apartment complex that I was moving over 60... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on May 3, 2019

As long as you do not sign any new lease, or sign any extension of the expiring lease, the landlord cannot hold you liable for any rent beyond the May 15 end of the lease.

1 Answer | Asked in Business Law, Civil Litigation, Contracts and Criminal Law for Michigan on
Q: Licensed contractor completed work now Customer making threats. Is it civil or criminal as they claim?

Licensed builder in the state of Michigan and fully insured. Recently completed a project for a developer who was building spec homes for resale. The developer had me submit several construction bid contracts which were accepted and payments issued for the work. I completed all work stated in the... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 30, 2019

Justia is a free online legal forum established to allow members of the general public to ask general legal questions to experienced lawyers who volunteer their valuable time to do so. Your important small business question should be directed to a business lawyer of your choosing. If you have not... Read more »

3 Answers | Asked in Contracts, Insurance Defense and Car Accidents for Michigan on
Q: Should I accept this offer from the insurance company, or should I get more money?

I was in a car accident a couple of weeks ago. We were at a stop waiting for traffic to clear to turn left when the car behind us did not stop and went right into us. It was a hit and run, but they were caught. Both cars were totaled. I was the passenger in the car, and have been going to a... Read more »

Bruce Alexander Minnick
Bruce Alexander Minnick answered on Apr 16, 2019

This is a perfect example why non-lawyers should never agree to do anything important when offered by a complete stranger--over the telephone? Really? There may still be time for you to extract yourself from the clutches of this uncaring insurance company--if you call a lawyer and ask for help. Do... Read more »

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1 Answer | Asked in Business Law, Consumer Law, Contracts and Juvenile Law for Michigan on
Q: Has the law been altered as of 2019?

I’m 15 and a tattoo artist told me that it’s the law that I have to be 16 to get a tattoo in Michigan.

Trent Harris
Trent Harris answered on Apr 13, 2019

There isn’t an age minimum, but if you’re a minor you’ll need your parent to come with you to the tattoo shop and give permission.

Here is a link to Michigan’s law on tattooing minors....
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1 Answer | Asked in Consumer Law, Contracts, Products Liability and Business Law for Michigan on
Q: What do you do if you are sold a new 2019 vehicle that is defected and it's not fixable? What should we expect next?

Out of curiosity after we bought it, I looked online to see if their photos had the defect before we bought it and I noticed it in their pictures, sadly, we were not notified of it and we did not notice it until later that same day. The defect is the drivers side sliding door that will not close... Read more »

Adam Alexander
Adam Alexander answered on Mar 16, 2019

Michigan's Lemon has strict requirements regarding the number of repairs required to qualify as a "Lemon":

It shall be presumed that a reasonable number of attempts have been undertaken to repair a defect or condition if 1 of the following occurs:

a) The same defect or condition...
Read more »

1 Answer | Asked in Civil Litigation, Contracts and Divorce for Michigan on
Q: Can a finance company come after me for auto loan when divorce decree States ex is solely responsible?

During pre-trial today finance companies attorney told me divorce decree is not legally binding. Also stated they already received judgement from EX on the auto loan.

Brent T. Geers
Brent T. Geers answered on Mar 5, 2019

That attorney is correct. Your judgment of divorce has no bearing on the contract you and possibly your ex signed once upon a time. But under the terms of your judgment of divorce, it sounds like you'd have a fair claim for what's called indemnity against your ex (e.g. paying someone else's debt)... Read more »

2 Answers | Asked in Bankruptcy, Civil Litigation, Collections and Contracts for Michigan on
Q: Should I go to court, pay what the collection company wants me to pay, or file bankruptcy?

My house was foreclosed on in 2009. The mortgage was paid off, but there was a small 2nd line attached to the mortgage (that I didn't know about), that wasn't and I was served with papers, fall 2018. Went to pre-trial in Dec, judge told us to work it out (reasonably). The collection company is... Read more »

Trent Harris
Trent Harris answered on Feb 22, 2019

No one can answer this question for you, or suggest an answer for you, without sitting down with you to talk specifics about all the things you mentioned in your question. You should call a bankruptcy lawyer and ask to set up a consultation.

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1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: The apartment i live in has a management corp. running the complex. Can i sue both owner & mgmt or just mgmt?

I did not know that i had to state a claim upon which relief could be granted in ordet to have a question answered sir.

Please forgive me. - - the question is this i have a lease with apartment complex. Section 1 states: Lease is between me and owner LLC, however Section 2 states: for... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Feb 13, 2019

You have not provided enough facts for me to be able to determine whether you have a basis to sue anyone. However, if you claim that the lease was breached by the landlord, your claim would be against the landlord, whom your refer to as "owner LLC", and not against any of the landlord's agents,... Read more »

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