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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts, Family Law and Wrongful Death for Michigan on
Q: As a 16-year-old, I want to get a CSI report on the death of my mother. How do I obtain this? Can I do it myself?

The death was deemed a suicide, in 2007. I have the CSI officer's name. My mother did not have any other children, however, my dad, her husband before she died is still alive and I live with him. The case is closed.

Brent T. Geers
Brent T. Geers
answered on Sep 20, 2022

I don't think it's a CSI report you are looking for; perhaps an autopsy report? You are going to need an adult to help you get that.

1 Answer | Asked in Contracts, Employment Law, Health Care Law and Small Claims for Michigan on
Q: I need to know if there's compensation I can get from my boss for breach of contract,and making me work in unsafe,

Volitle, mentally and emotionally abusive environment with another employee. Whom I found out he's sexually involved with

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2022

Possibly. Sounds like the makings of a lawsuit for which you should seek an employee-side civil litigator.

1 Answer | Asked in Contracts, Estate Planning, Family Law and Civil Litigation for Michigan on
Q: Does my aunt owe me money for not doing as she promised

I bought my home from my grandmas estate. My aunt was executor of the estate. Part of the deal when buying the house was that uncle would help me install new siding. Since the moment I paid them they have 100% ignored me. I have the siding, but now need to pay someone to install it

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

What was in the written agreement? It's unlikely you can enforce an agreement to "help".

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 Contracts and Real Estate Law for Michigan on
Q: Is there hope to get my childhood home back?

My mother and I were ( I believe) wrongfully evicted from land that we had been renting to own for 12 years, and due to a blight complaint while cleaning out our garage (we all fell ill and had to stop working for a week or so) the guy we bought the land from said we had to give him 30,000 dollars... Read more »

David Soble
PREMIUM
David Soble
answered on Aug 23, 2022

A real estate attorney familiar with land contract law would need to review the default provisions of the land contract. Additionally, there is a legal process for forfeiture on a land contract. See more at: https://provenresource.com/land-contract-law/

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
PREMIUM
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 »

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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1 Answer | Asked in Contracts and Business Law for Michigan on
Q: Can a single member LLC be charged a late fee for making a payment on a saturday when the due date was that same day?

I paid my credit card payment electronically on the 25th when it was due which also fell on a Saturday. I was charged a $75 late fee because the company does not accept payments on Saturdays and Sundays so it wasn't processed until the 27th which was on Monday. This credit line is under my... Read more »

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jul 26, 2022

Being a single member LLC wouldn't change whether or not the late fee can be assessed on the company. It sort of depends on the contract you signed requiring you to pay in the first place to determine whether or not the late fee was properly assessed.

1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: If I ordered a manufactured home a yr ago n still won’t be in till maybe mid Sept can I cancel and get deposit back
Kenneth V Zichi
Kenneth V Zichi
answered on Jul 25, 2022

The answer is 'maybe, and then again, maybe not.'

What are the agreed upon delivery terms? Was there to be a 'firm' delivery date? What happens under the terms of your agreement should one party not fulfill the obligations in the agreement?

Without reading the...
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1 Answer | Asked in Contracts, Family Law and Constitutional Law for Michigan on
Q: Do i have any right to sue dhhs for giving me false information and having me sign a fake contract?

Was told that me and my wife must get a divorce or that cps could be in our lives for up to 7 months and possible lose our kids. They had us both sign a contract say that we will not have any intimate relationship together but the contract can not be found.

Brent T. Geers
Brent T. Geers
answered on Jul 25, 2022

You can sue whomever you like. You're likely to be unsuccessful suing a state agency in this situation.

Look, however or why CPS got involved, it apparently has something to do with the two of you being together. To stave off a petition and possible termination of parental rights for...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: I found out the lady I’m buying a house from on land contract has two mortgages on the house and now owes more than I do

She has been trying to get me to move out every since my husband passed. She wants me to sighn a new contract that is more money and higher payments because the contract is expired

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 7, 2022

Something sounds fishy here. Land contracts don't typically 'expire' -- they mature at some point and you get a deed when the payments are all made.

I STRONGLY urge you to consult with a licensed local attorney familiar with real estate law! SOMETHING doesn't ring true...
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1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: I'm in Michigan. I was terminated off a general contractors job. Is it legal for him to hold on to my equipment?
Thomas. R. Morris
Thomas. R. Morris
answered on Jun 30, 2022

No. There are no facts tgat yiu have provided that would support the general contractor’s holding onto your equipment. I would want to know more about the situation in order to evaluate the possibility that the general contractor has a justification for its actions.

1 Answer | Asked in Contracts for Michigan on
Q: Charging more for cutting grass and not letting me know.

I just received a bill for 6 weeks, and the price is $24 more than I usually pay. They did not let me know it would be going up.

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 23, 2022

Unless there’s a written contract that provides for your agreement to a price increase or surcharge, you nave a point. Your agreement in some form to a price increase is required. But if you agreed to a long-term arrangement, you owe at least the lower price. I suggest that this be worked out... Read more »

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Is an implied agreement legally binding?

We live out of state and spend summer in Michigan. Called lawn service to cut grass in Mich. Agreed on price . No written contract. Find that they cut grass high so it needs it every week. Only able to afford service every other week. They disagree.

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Jun 22, 2022

Regardless of the type of agreement you have, the most important information you could have is... you probably have a contract, and binding. But, what the terms of the agreement are, you'll probably need to hire an attorney and litigate it to ever know for certain.

1 Answer | Asked in Collections, Contracts and Probate for Michigan on
Q: If a car has a clean title with no lean against do I have to pay the payments after my husband died?

When he took out the loan we were told they didn’t process it right an d we had to get the title. This loan person was not nice told us we had to car DMV in Ohio to get it. I refused it was 4 months of driving without plates. She finally got the title and gave it to him we transfered it and now... Read more »

Thomas. R. Morris
Thomas. R. Morris
answered on Jun 21, 2022

If the vehicle is titled in Ohio, I recommend that you hold out for an answer from an attorney in Ohio. I am not, so I am going to give a brief answer based on Michigan law.

I do not see a reason to agree to have a lien evidenced on the title. However, if the vehicle is titled to your...
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1 Answer | Asked in Business Formation, Business Law and Contracts for Michigan on
Q: . Is it legal for me to sell pastries from a local bakery in my floral business without a food license?

I have a question that may appear ridiculous, but I feel compelled to ask. I'm a new entrepreneur who wants to bring the relaxing Parisian experience to Michigan. I'm in the midst of starting a luxury floral boutique

In other words, I would be supplied with fresh pastries from an... Read more »

Brent T. Geers
Brent T. Geers
answered on Jun 15, 2022

You should consult a local business attorney, but I believe at the point you are selling food items, then additional licensing may be required.

1 Answer | Asked in Contracts and Collections for Michigan on
Q: Can I request a modification of subpoena that was sent to my former credit union?

I am being sued for a loan that I signed for but never received funds. The original creditor had supposedly given the funds to a doctors office for a surgery I had scheduled. The doctors office claims they didn’t receive it. I tried to get this resolved without success. Now 3 years later I am... Read more »

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

Your question presents two issues: 1) is a possible defense to the suit itself, and 2) the scope of the subpoena / discovery.

You're probably not going to win on the bank statement issue, and quite frankly, that's probably not where your focus needs to be on. You should retain an...
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