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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts, Family Law, Civil Litigation and Constitutional Law for Michigan on
Q: What can I do if I was denied the right to file a motion to dismiss a default judgment, which resulted in me now…

Losing my home? I had a default judgment rolled against me on July 7 and attempted to file a motion to dismiss on July 13. The court clerk refused to accept my dismissal, claiming that I did not have the 21 days I was told I only had seven. This directly led to me now losing my home. What can I do... View More

Brent T. Geers
Brent T. Geers
answered on Sep 12, 2023

You need a lawyer; and you likely needed a lawyer months ago.

As happens when people try to represent themselves, you are unaware of the proper procedures and court rules. Filing whatever you think is proper whenever you think it should be filed is not how this works.

You have a...
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1 Answer | Asked in Contracts and Consumer Law for Michigan on
Q: I signed a solar/battery install contract. The system is incomplete and doesn't function as agreed. What are my options?

Hello everyone. I worked at and purchased a solar panel system from a solar installer in Michigan. There is a panel that is not functioning and I have had no help from the installation company for literally 87days. The battery was to be installed in 2022 when available. The battery is still not... View More

John Michael Frick
John Michael Frick
answered on Sep 6, 2023

You will need to sue the solar installer for breach of contract. In most instances, the finance company is not responsible for the solar system not working. All it did was provide money pursuant to a loan. The company that sold you the system, and the manufacturer of the system, are legally... View More

1 Answer | Asked in Bankruptcy, Contracts and Health Care Law for Michigan on
Q: When a continuing Care Facility files Chapter 11 does it void the contract which includes return of part of entrance fee

My cousin recently left a continuing care facility that filed chapter 11 two weeks later. Per her contract she gave 60 days notice but moved out in 20. Is she obligated to pay for the remaining 40 days since she probably wont be getting the 90% of her entrance fee back that was promised in her... View More

Brent T. Geers
Brent T. Geers
answered on Jul 18, 2023

A bankruptcy alone does not void a contract. Chapter 11 is a business reorganization. Essentially someone - a trustee - takes over the business, managing its assets and liabilities. Largely, that process does not affect you the consumer.

Think about it: you have likely bought products or...
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1 Answer | Asked in Civil Rights and Contracts for Michigan on
Q: Hello, Does my spouse and I have to sign a liability release form to allows photos to be taken and used ANY way/ forever

We are going on a 5 day trip to Jamaica. My sister in law invited us as tag a longs via HER church. We paid for the air fare on our own. However, the church secured block rooms price. We paid that directly to Liberty Travel agency. We paid for travel and flight insurance directly to the travel... View More

Brent T. Geers
Brent T. Geers
answered on Jul 10, 2023

If the dinner is optional - and I can't think of anyway they could make it mandatory even if they wanted to - then I think you have a choice to make: either go to the dinner and have a conversation about pictures before or during the dinner, or don't go to the dinner.

I would...
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1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Can an LLC keep you from forwarding their emails to a credit card company to settle a chargeback dispute?

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Adam Alexander
Adam Alexander
answered on Jun 22, 2023

You can be sued for anything, really. But based on your summary I wouldn't worry about getting sued. The plaintiff in any lawsuit is required to prove damages. I doubt this LLC has been harmed by what you've done, as explained. (I probably wouldn't have admitted to forwarding these... View More

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... View 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... View 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... View 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... View 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... View 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... View 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... View 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... View More

David Soble
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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,... View More

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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... View 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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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... View 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... View 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,... View 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...
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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,... View 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.... View 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...
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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... View 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... View 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... View 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,... View 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... View More

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