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Michigan Contracts Questions & Answers
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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1 Answer | Asked in Contracts, Real Estate Law and Civil Rights for Michigan on
Q: If I vacate a home I own with another unmarried person in MI, does that person have gain rights to my share of the home?

We have resided together for 20 years (last 10 in MI where the house is). We own it jointly. I have made all the payments and have proof. If I move out, and continue maintaining the home and paying the mortgage, can the other person gain financially when we finally sell due to my not residing in... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Jun 30, 2020

You do not need to reside in a home to maintain an ownership interest in it.

However the nature of the ownership matters. I would suggest you bring a copy of the deed to a local real estate attorney ASAP to review that and ALL the circumstances.

There may well be issues not...
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1 Answer | Asked in Consumer Law, Contracts, Criminal Law and Real Estate Law for Michigan on
Q: How do I form a sole member nonprofit tenant association

Yes, I do. I need help with the formation process and filing for federal grants

Kenneth V Zichi
Kenneth V Zichi answered on Jun 22, 2020

For a condo? For HUD housing? For some other purpose? It matters to be specific, but the specifics are not necessarily appropriate in a venue like this that is open to the public.

"Sole Member" non-profits are tricky, and trying to form one without the guidance and help of a local...
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1 Answer | Asked in Consumer Law, Public Benefits, Small Claims and Contracts for Michigan on
Q: Got a writ of garnishment on a Zales jeweler card from 1995-2001 can they still garnish me in the state of Michigan

I worked multiple jobs and this is the first time they've attempted a garnishment, after all this time can they still collect even with them not making a effort to collect from previous employers

Brent T. Geers
Brent T. Geers answered on May 18, 2020

What matters is whether they have a valid judgment. Judgments may be renewed every 10 years. I would assume they did that and now that they've found you again, they can collect. You could look into filing a motion for installment payments with the court.

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: If I sign a lease but can't move in, am I liable for all rent due for the term of the lease?

I am an international student planning to study in the US (Michigan). There is a strong chance I won't be able to get my visa and actually move in, but my landlord is saying that if that happens I will still have to pay all rent due under my lease. Is this true?

Thomas. R. Morris
Thomas. R. Morris answered on May 7, 2020

It may be true. If you want to avoid liability you could insist that the lease provide for your option to terminate it if you don't receive the visa. If it's too late and the lease has already been signed, you could try to sublet the leased premises. We would have to examine the lease... Read more »

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: I have a question about a coupon being advertised.

A local car dealership has a sticker coupon on the newspaper, and it says bring in this sticky for 750 off the price of a vehicle. I was wondering if i take in 10 of them, if they would have to honor it. No where does it say one coupon per person or anything like that?

Trent Harris
Trent Harris answered on Apr 18, 2020

Absent a very specifically worded advertisement, an ad in a newspaper is not an offer to enter a contract that you can just accept by showing up with your coupon and saying "I accept." The ad is merely an invitation to deal. They would not need to give you more than $750 off any vehicle,... Read more »

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: Residential insurance paid contractor for restoration (1995), new mold smell, water stains, too late for a case?

Lightning caused residential fire, home not restored to previous state (only evident now after removing small bit of drywall to investigate mold smell). Thinner insulation replaced, side of house lets small light into space (revealed after removing drywall) where boards do not come together (can... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 14, 2020

I would say your claim is unlikely to succeed.

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