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Michigan Contracts Questions & Answers
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.

1 Answer | Asked in Contracts and Employment Law for Michigan on
Q: I work in Recruiting. my employer required a 2yr non-compete agreement. Is this enforceable if they lay me off?

I’m wondering if the 2yr non-compete is enforceable in Michigan if my employer lays me off due to Covid-19 and how severely it has affected the industry I do recruiting in? Am i to assume that I would have to find an entirely different career? I realize you would need to review the exact details... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 9, 2020

Non-competes in general are disfavored by many judges. In your sort of situation, I would wonder if 1) the company would even attempt enforcement, and 2) how a judge would view that in light of the current situation. I would imagine at worst the judge would heavily modify it to render it... Read more »

1 Answer | Asked in Banking, Civil Litigation, Contracts and Insurance Defense for Michigan on
Q: So my grandfather passed away then 4 weeks later my grandmother pass before my grandfathers insurance came in!

My grandmother may pass before the check is deposited into her account how can my mom or uncles save it before it goes back to insurance

Thomas. R. Morris
Thomas. R. Morris answered on Apr 6, 2020

The question is not altogether clear to me, but it sounds like the insurance payment is property of your grandmother's estate, and that a probate case needs to be commenced in order to deal with the payment. An attorney with the whole picture will be able to guide you through the probate... Read more »

1 Answer | Asked in Contracts and Real Estate Law for Michigan on
Q: What consequences would an individual impersonating a tenant living in an apartment get?

I am currently living in an apartment with three other girls. One of the original tenants decided to back out of the lease and sublet to an individual who is no longer allowed at the complex from previous issues. This was not brought to the landlord's attention so the individual is continuing... Read more »

Brent T. Geers
Brent T. Geers answered on Apr 2, 2020

If the landlord discovers that this person is on the property, they could have that person removed by the police and charged with trespassing. You'd need to check your lease for what it says about subleasing. Generally, all tenants are equally responsible for the terms and conditions in the... Read more »

1 Answer | Asked in Contracts, Family Law and Child Custody for Michigan on
Q: Our court order says “parenting communication is strictly between parents” no third party contact unless emergency...

Can my wife go to doctors appointments, school conferences or is that going against “no third party contact” and “parenting communication strictly between parents”

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 17, 2020

Generally that means that the parents should communicate directly with each other and not boyfriends/grilfriends or new spouses.

Both parents should be involved in the childrens education and health regardless of whether you are still together or not. It is in the best interest of the...
Read more »

1 Answer | Asked in Contracts for Michigan on
Q: New car contract with a dealership question.

I purchased a new car in 12/19. All the contracts have been "signed, sealed and delivered", I received my new title from Sec. of State. I paid out of pocket (plus a check from my insurance co.) for the car, there is no leanholder on the title. Can the dealership say "oops, one of the... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Jan 15, 2020

I would not dismiss the idea that the dealer can come back for more money. The answer probably depends upon the written agreement. I would look at what you agreed to: You may have agreed to pay $X for the car, and the papers probably show the rebate as the source of partial payment, so, from the... Read more »

1 Answer | Asked in Consumer Law, Contracts and Collections for Michigan on
Q: Hi Sir.,My wife and I signed a auto loan contract in 2013 With a company called Santander.We feel this a bad loan.Since

Since 2013 they’ve had considerable lawsuits and complaints for unfair debt practices and other grievances.We have paid 40000 dollars for a 27000 car.we still owe 15000.00.55000 when all said and done.The car is currently worth 13000.00

Adam Alexander
Adam Alexander answered on Jan 14, 2020

Why do you feel this is a bad loan?

1 Answer | Asked in Consumer Law, Contracts, Real Estate Law and Civil Litigation for Michigan on
Q: I bid on a HUD home and won but wasn't informed, what recourse do I have?

I bid as an owner occupant, through the listing agent, on a HUD property. I chose to be the back up offer and should have had my offer accepted. I was never informed as I should have been by HUD rules. An investor's bid (lower than mine) was then immediately accepted. I only discovered... Read more »

David Soble
David Soble answered on Dec 11, 2019

If the proper bidding procedure was not followed then it needs to be brought to the attention of the HUD officials and the broker needs to make sure they notify HUD in WRITING.

Good luck,

www.provenresource.com

1 Answer | Asked in Contracts, Civil Litigation and Small Claims for Michigan on
Q: Can I sue in small claims court for the remainder of a personal loan if the borrower has not made a payment in a year?

I loaned someone $3,000 in 2017. We wrote a contract for this person to repay me within 5 years. I did not require a monthly minimum payment. I did, however, include 7.5% monthly interest (which I later found out is an illegal amount. Monthly interest must be much lower). I wrote the contract in... Read more »

Brent T. Geers
Brent T. Geers answered on Dec 7, 2019

You may have a claim. You would quite likely need to file in the state where the contract was entered.

1 Answer | Asked in Contracts and Business Law for Michigan on
Q: Do I need to worry about a conflict of interest when hiring a lawyer for an employment contract?

I need to hire a lawyer for help with an employment contract. I've found one in town, but I live in a fairly small town. Should I ask the lawyer if my client is their client and avoid using that lawyer if that is the case?

Thomas. R. Morris
Thomas. R. Morris answered on Oct 25, 2019

It's not wrong to ask, but the lawyer is required to make that determination whether or not you ask.

1 Answer | Asked in Contracts, Real Estate Law and Small Claims for Michigan on
Q: Seller agreed to offer and signed all documents. Upon waiting for closing, seller decides not to sell.

The seller agreed to all terms, contingency money is paid, 2 weeks before closing they decided they no longer needed to sell their home(long story).

What do i do now?

Kenneth V Zichi
Kenneth V Zichi answered on Oct 4, 2019

Without seeing the terms of the offer it is hard to say what you can or should do. Possible remedies range from getting your deposit back and declaring the deal ‘dead’ to forcing the sale, or something in between.

You need to consult with a local attorney in the area where the house is...
Read more »

1 Answer | Asked in Contracts for Michigan on
Q: How can a $5000 agreed judgement in 2000 (no more heard) become today $20,000 now 2019 and wages garnished without know

A third party brought a judgment (not sure when) Judgement was $5000 and my wages was just garnished for a 19 year old judgement for $20,000. We have not heard anything since we agreed on $5,000 until his wages where just now garnished from another 3rd party who bought the judgement. The real funny... Read more »

Brent T. Geers
Brent T. Geers answered on Sep 26, 2019

With interest and costs, it's quite easy to get from $5,000 to $20,000 over nearly 20 years. Did you complete the terms of the settlement agreement? If so, that you should take that to the court with proof. Often times, a settlement agreement early on would say something like "defendant... Read more »

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...
Read more »

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...
Read more »

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.

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