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Michigan Contracts Questions & Answers
1 Answer | Asked in Consumer Law, Contracts, Employment Law and Products Liability for Michigan on
Q: Ok, my mom sold for Paparazzi Jewelry, under the guise of it being hypoallergenic, as well as nickle AND lead free;

She found out that it was a lie. They had nickle AND lead, and some have reported the lead is toxic. Now, I know MLMs are extremely hard to catch, but they tout these jewels, necklaces, bracelts, etc as LEAD AND NICKLE free to ALL consultants, AND customers. Is there ANYTHING my mom can do to sue... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Nov 29, 2021

This sounds like a breach-of-contract claim. The devil is in the details, and there are more details than I can list in this format. Who would be the defendant? Is there a written warranty by the seller regarding the merchandise? Where is the defendant? Is there jurisdiction here in Michigan?... Read more »

1 Answer | Asked in Contracts for Michigan on
Q: Loaned tools out for a home improvement job job is done now home owners will not give me back my tools
Thomas. R. Morris
Thomas. R. Morris answered on Nov 23, 2021

It appears from the facts you have written that you were entitled to your tools back. Were you to file suit in court, it would be called a claim and delivery complaint. I hope that helps you. The problem is the cost of filing and prosecuting a lawsuit.

1 Answer | Asked in Contracts for Michigan on
Q: How can I get my things from a contractor who has them ?

He took them to be cleaned from mold. Now won't give back unless I pay him more money for job not done

Thomas. R. Morris
Thomas. R. Morris answered on Nov 16, 2021

The contractor appears to be asserting a mechanic's lien, which is a possessory lien on goods that were worked on. The contractor would have a lien on the goods to secure payment of work done on the goods. You apparently dispute the value or scope of the services. You can sue the... Read more »

2 Answers | Asked in Contracts, Small Claims and Real Estate Law for Michigan on
Q: Seller was suppose to make a repair before closing but failed to do so, can I take them to small claims court?

My realtor sent the listing agent a few repairs to make and they agreed to do so. After final walkthrough the repair was not noticeable until after coming back to the property and turning on the water. There was still a leak in the plumbing that was supposed to have been fixed. Now I’m stuck with... Read more »

Adam Alexander
Adam Alexander answered on Oct 29, 2021

Initially, I suggest you write a letter to the seller and copy the agent. The letter should point out the defects and make a specific demand for reimbursement. After they ignore or reject your demand, you may then consider legal action. However, since you did not point out the defects during the... Read more »

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1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: Sub-contractor billing me for more than verbal quoted price

Sub-contractor gave a verbal price which I agreed too but told him to send me a written estimate. He went ahead and did the job without sending a written estimate. The invoice he sent is way more. I refused to pay and now he has an attorney threating a lien against the homeowner and lawsuit... Read more »

Frederick A. Lurie
Frederick A. Lurie answered on Oct 15, 2021

Next time get it in writing. Ask for time and material records to see if the records come close in value to the sub's claim.

1 Answer | Asked in Contracts for Michigan on
Q: Hello,can a contract become void if the wrong person signed on the dotted line?
Brent T. Geers
Brent T. Geers answered on Oct 12, 2021

It doesn't, necessarily. If signed on behalf of an entity, the person who signed would need legal authority to bind the entity, otherwise the entity may rightly say they are not responsible for the contract.

If talking about individuals, then whomever signed it may be held responsible.

1 Answer | Asked in Civil Litigation, Consumer Law and Contracts for Michigan on
Q: what does Law code 15USC1662B mean in lamens terms. The Truth in Lending.

I keep hearing about this law i have looked it up but i dont understand the way it is written. as i am told "it is illegal to charge for a down payment on a vehicle from a car lot dealership.

Brent T. Geers
Brent T. Geers answered on Sep 24, 2021

Truth In Lending covers what must be disclosed by lenders to consumers. It's impossible to summarize what is a voluminous piece of legislation covering many different scenarios. If you have any doubts about what is presented to you by a car dealership, or any other lender, you should consult... Read more »

2 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Bought a house with my boyfriend and going to break up with him. Can I get his name off the house?

My boyfriend and I have been together for 9 years. We recently purchased a home together. As we were not married, I first asked to just put my name on the house, but he and his family talked me into having us sign the papers together. Only my name is on the mortgage as my boyfriend does not have... Read more »

Brent T. Geers
Brent T. Geers answered on Aug 30, 2021

There's no easy way to part ways when you own a house together. Best case scenario is similar to what's done in a divorce: you figure out the equity in the house, split that, and pay him his half in exchange for him signing a quit claim deed to you so that you own the house outright. If... Read more »

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1 Answer | Asked in Contracts and Arbitration / Mediation Law for Michigan on
Q: Arbitrator Judge awarded amount, reheard, raised it 3 times, now it will go to Circuit Ct to increase. What do we do?

We went to trial in Arbitration and the Judge awarded the plaintiff an amount. Then Plaintiff took it to rehear and the award amount was raised 3 times, the judge recognizing their attorney fees but not recognizing ours. Even so, now they will take it to Circuit Court to increase this award even... Read more »

Michael Zamzow
Michael Zamzow answered on Aug 20, 2021

Maybe. You can contact an attorney, although it reads like you have counsel.

1 Answer | Asked in Insurance Bad Faith, Contracts, Criminal Law and Employment Law for Michigan on
Q: I was injured at Ford Motor Co in Feb, 2017. Completed surgery on leg and knee. Not on back. Attorney said June 2020, MY

CASE IS TOO NEW TO BE HEARD.

It's been over 2 years. Where do I go from here?

Brent T. Geers
Brent T. Geers answered on Jun 28, 2021

Workers comp claims take awhile. Your attorney probably knows very well the timeline and process. You could consult with another workers comp attorney, but they may tell you the same.

1 Answer | Asked in Landlord - Tenant, Contracts, Civil Rights and Communications Law for Michigan on
Q: My landlord came to mobile home the other day, to set up a rent payment plan.(As the owner does not want to be a part

Of the Gov.Cera plan, or MSHDA. He proceeded to tell me how he doesn't think I have a disability, I should go back to work

He's in pain everyday and he works, He doesn't feel as tho anyone should be on disability.Any insight, Because I'm really

Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

Are you already renting under MSHDA or some other program? Your landlord does not get to decide if you are disabled or whether you qualify under any program.

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: In Mi, My friends husband, co-signed for a 2014 car. The original purchaser, stopped paying, so co-signer took car back

Co-signer has passed away, May 10, 2021. Wife came to me, discussing financial issues, asked me if I wanted to purchase car. I gave her $500.00 as a downpayment, wrote up a sales agreement, we both signed. It stated the money paid, amt due for complete pay-off, July 1st, 2021.

She phones me... Read more »

Brent T. Geers
Brent T. Geers answered on Jun 26, 2021

Yes, quite likely, but against your friend. Your first priority should be to determine who actually owns the car - whose name is on the title? Because if it's the person who the husband co-signed for, that person could claim the car stolen. OR, the bank or whomever made the original loan could... Read more »

1 Answer | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: I have a money judgement in Michigan. Can I have SOS suspend license for nonpayment?
Brent T. Geers
Brent T. Geers answered on May 28, 2021

No. But have you tried filing for a debtor's exam with the court? If debtor doesn't show up, you can ask the court for a bench warrant. If they do show up, they must produce information regarding their assets under oath.

2 Answers | Asked in Contracts and Criminal Law for Michigan on
Q: I went through home advisor to find a contractor. He took a down payment and has since stopped communication.

I signed a contract with the individual that he would replace the fencing around my property. After the check cleared for the down payment, he has stopped returning my messages. What are my legal options?

Dana B. Carron
Dana B. Carron answered on May 27, 2021

You may want to contact the police and file a complaint.

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1 Answer | Asked in Contracts for Michigan on
Q: would a backup offer automaticallty get termintaed after different offer is accepted
Brent T. Geers
Brent T. Geers answered on May 26, 2021

Yes, unless the accepted offer was already revoked prior to acceptance.

1 Answer | Asked in Contracts, Government Contracts and Landlord - Tenant for Michigan on
Q: I recieve services through macomb county mi hud housing. In mid april, my landlord gave me a 30 day notice. He was expec

I recieve services through macomb county mi hud housing. In mid april, my landlord gave me a 30 day notice. He was expecting me to be moved by mid may, however, since hud had paid through the end of may, he said i could stay till may 31st. On may 20th my landlord and i signed a mutual... Read more »

Brent T. Geers
Brent T. Geers answered on May 24, 2021

Unless other facts exist, I don't see why the May 20th agreement would not be binding. By accepting you as a tenant with HUD services, your landlord is obligated to follow their protocol.

1 Answer | Asked in Contracts for Michigan on
Q: If I purchased a home on land contract with a second individual and the get incarcerated do the forfeit there share
Michael Zamzow
Michael Zamzow answered on May 3, 2021

The incarcerated person would not lose their interest in the land simply for being incarcerated.

1 Answer | Asked in Contracts for Michigan on
Q: if I purchased a home on land contract with a second individual and the get incarcerated do they lose there share
Brent T. Geers
Brent T. Geers answered on Apr 21, 2021

No. Incarcerated individuals retain legal title and ownership over assets acquired before their sentence.

2 Answers | Asked in Contracts, Real Estate Law and Landlord - Tenant for Michigan on
Q: Is there anything, in Michigan, a renter has to sign that states specifically that they’re off of a lease?

I’ve moved my furniture out of the place, returned my keys, and have started the process of returning my deposit. Is there a written agreement in Michigan specifically that is required?

David Soble
David Soble answered on Apr 14, 2021

A lease is a contract. Generally, the parties are bound by the provisions of a signed lease. Turning in the keys is a unilateral step only. Without the landlord's release, you would still be obligated on the contract.

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1 Answer | Asked in Contracts for Michigan on
Q: Is a seller exempt from providing a disclosure statement because they have a tenant living in the house?
Michael Zamzow
Michael Zamzow answered on Apr 3, 2021

In the briefest terms, the seller is probably not exempt.

The Michigan seller's disclosure statement but be provided for the sale of any residential dwelling units between 1 and 4 (single family homes to four family apartment buildings). The statement is not required if there is a...
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