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Michigan Contracts Questions & Answers
1 Answer | Asked in Contracts for Michigan on
Q: CA Corp was converted to MI. Can I list CA mailing address in contracts considering governing law clause?

My CA Corp was converted to MI, but I still use a CA mailing address. Can I list my CA mailing address in contracts? or add some distinction and add the MI address?

For instance: "by and between Rustoleum Works (the "Client"), of 436 Kings Way, Santa Barbara, CA 90678, and... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Sep 5, 2024

The use of a Michigan address is not necessarily required, but it does help to solidify the jurisdiction clause. The wording of your jurisdiction clause could be improved because if there is federal diversity action, the litigation won't be in Oakland County since the federal court does not... View More

1 Answer | Asked in Consumer Law and Contracts for Michigan on
Q: Rental agreement for bottle water being overchargedcharge a paper statement service fee for them to mail me a bill

So I signed up to receive water from a company. I can get one bottle for $7.75. And when they Finally sent me a bill, it was never an itemized bill.but l just recent I find they're charging me $8.75 per bottle.

Why the extra dollar did they use a bait an switch

On top of... View More

Brent T. Geers
Brent T. Geers
answered on Aug 9, 2024

Read those written agreements and terms of service carefully. Likely, what you are seeing is reflected in some terms you acknowledged agreement to. Nowadays, it is not uncommon for companies to charge a service fee to mail billing statements if you elect to have things sent by mail. Your remedy is... View More

2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Tim Akpinar
Tim Akpinar
answered on Jul 20, 2024

A claim involving the destruction of a house should receive prompt attention, in terms of investigation, damages assessment, alternative living arrangements, and other elements. You could reach out to attorneys who handle property damage losses involving insurance. Gather and organize your file... View More

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2 Answers | Asked in Consumer Law, Contracts, Environmental and Insurance Bad Faith for Michigan on
Q: I had a rental policy for insurance on my house and it was destroyed by a tornado. I need a lawyer I'm not getting any

May 7th 2024 tornado in Saint Joseph County Michigan I'm not getting help or anything from the insurance company except for excuses

Scott G. Wolfe Jr.
Scott G. Wolfe Jr.
answered on Jul 16, 2024

If you file your insurance claim, the insurance company has obligations -- mandated by the state -- to reply, and to be "on the clock" in processing your claim. Here are a few things to keep in mind.

First, you are dealing with a property insurance claim if this is related to...
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1 Answer | Asked in Contracts and Estate Planning for Michigan on
Q: Is a second trust legal if the first trust has a contract stating no changes can be made to the first trust?

A revocable trust is made by husband and wife.

A contract is signed by both stating no changes can be made to the trust if one dies.

Husband dies.

Wife creates a second revocable trust which changes the beneficiaries from 4 kids (3 of husbands) to the 1 child of the... View More

Brent T. Geers
Brent T. Geers
answered on Jun 14, 2024

They both could be legally binding. It depends on what the first trust says happens to the funds once one spouse dies (in this case, the husband died first). That trust could say "once the first spouse dies, everything goes to the surviving trust". If that's the case, then the... View More

1 Answer | Asked in Contracts and Construction Law for Michigan on
Q: What is my legal obligation to a year old contract I signed with a gutter company.

My son signed a contract with Magic Window company to have gutters put on his house last year, May 2023. There was no date set for installation and no work has been done. The sales person did not contact them again until this month. The contract had a 3 day cooling off period. My son is now being... View More

Brent T. Geers
Brent T. Geers
answered on May 30, 2024

Let them. Did the contract indicate a start date? Arguably, pulling a permit is an indication the company intended to start. But what would explain the year-long delay beyond that? I think the deposit may be lost unless there is a showing of your son attempting to contact the company about... View More

2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 18, 2024

In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.

While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the...
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2 Answers | Asked in Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: If you sold a property on a land contract and now the person was buying it is trying to sell it.

The buyer is 4 months behind on payments and two years behind on taxes which is in the contract. The buyer has been always late on every payment since the land contract was signed. The owner has sent the proper letter to start eviction process. Another two weeks he could file court papers for... View More

James L. Arrasmith
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answered on Apr 17, 2024

In a land contract, the seller retains legal title to the property until the buyer fulfills all the terms of the contract, including making all payments and paying property taxes. The buyer cannot legally sell the property without the owner's permission and the legal title.

Given the...
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2 Answers | Asked in Civil Litigation, Contracts and Civil Rights for Michigan on
Q: Constitutional laws the right to contract or not to contract

Can a state agency make you pay for something that you did not agree to pay basically it is contract that they put into motion with out your knowledge

James L. Arrasmith
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answered on Apr 7, 2024

This is a complex legal question that doesn't have a simple yes or no answer. There are a few important considerations:

The U.S. Constitution protects the freedom of contract, meaning the government generally cannot force you into an agreement against your will. The 14th Amendment...
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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Brent T. Geers
Brent T. Geers
answered on Apr 7, 2024

If it's child support that the state is trying to collect from you, your "consent" is not required. By being the legal father to a child in Michigan who either has or is receiving state assistance, you are on the hook for child support. Simply put: the child's right to the... View More

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2 Answers | Asked in Contracts, Family Law, Child Support and Collections for Michigan on
Q: When it is the state that is in court as the plaintiff how can that case be tried as not to be impartial to the state

How can the friend of the court enter you into a contract without your consent and don't you have the constitutional right to contract or not to contract

Barry W. Kaufman
Barry W. Kaufman
answered on Apr 7, 2024

Apparently, you are a New York resident who has an open child support case in Michigan and appeared in a Michigan court. I assume the State of Michigan was the complaining party. Under the child support laws of all 50 states, as required by federal law, each state has a state agency to collect and... View More

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1 Answer | Asked in Contracts, Family Law and Real Estate Law for Michigan on
Q: I currently live with my boyfriend in a house that he solely owns. We do not want to marry. I recently sold my home &

have been thinking of making some major renovations to his home. However, I want to ensure my investment is protected in case he dies, we separate, etc. What is the best option to accomplish this? Note, he is in full agreement of us having some type of legal document to protect both our interests.

Brent T. Geers
Brent T. Geers
answered on Mar 28, 2024

Best option would be to put your name on the deed as a joint owner. That way, even if you separate, you would be entitled to a portion of the proceeds upon sale of the house. Another alternative would be for him to complete an estate plan, and preferably a lady bird deed naming you as the... View More

1 Answer | Asked in Contracts and Small Claims for Michigan on
Q: I loaned someone $4000 with a signed and notarized promissory note. They are not in default. Do I have recourse?

I bought my home from him and he also abandoned his vehicle on my property.

Brent T. Geers
Brent T. Geers
answered on Feb 29, 2024

Yes. You can sue them. The person will either answer and appear, or not. The judge will determine whether they are actually in default and if so, what the judgment amount is. It is then your responsibility to collect it legally. Unfortunately, you may find that the person who owes you this money... View More

1 Answer | Asked in Collections, Contracts and Real Estate Law for Michigan on
Q: My mother and I both have our names on a piece of property she passed unexpectedly. No survivorship! Can creditor take

Both my mother and myself are on the deed. We were unaware when the deed was formed that there was no survivorship for either party included. I now have submitted a petition of assignment with the court, along with some other documents. My concern is that my mother has some medical bills and I am... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 28, 2024

That is possible. Debt collectors CAN try to go after anything in her estate including the undivided 1/2 interest in the property.

You can limit the risk by publishing and mailing appropriate notices to creditors as part of the probate but as you’ve already learned ‘DIY’ comes with...
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1 Answer | Asked in Contracts, Family Law and Immigration Law for Michigan on
Q: how do i sue my sponsor?

my wife was recently arrested for dv and the judge issued a no contact order. the charges lead to her family blaming me and now they refuse to help me with the bare minimum. they are also trying to force me out of the country before my wifes trial where i wish to attend to help my wife.

My... View More

James L. Arrasmith
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answered on Jan 1, 2024

In your situation, where you feel that your rights under an immigration sponsorship agreement are being violated, it's important to understand the legal obligations of a sponsor. When someone sponsors an immigrant, they sign an Affidavit of Support, which is a legally enforceable contract with... View More

1 Answer | Asked in Real Estate Law and Contracts for Michigan on
Q: have a signed Real estate purchase & agreement closing date has passed, seller doesn't want to sell can I cloud title?

have a signed Real estate purchase & agreement contract signed by the seller since Oct.6th, it was supposed to close by Nov.14th, but the buyer wanted to wait until after Thanksgiving, and now the seller doesn't want to honor agreement, because he says contract has expired, so I wanted to... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Dec 9, 2023

You don't want to cloud the title. You want to buy the property!

Seek local legal representation on how to enforce the terms of your agreement, or sue to get damages.

But this gets even more complicated. Just because they wanted to DELAY the closing doesn't mean they...
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2 Answers | Asked in Contracts and Entertainment / Sports for Michigan on
Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.

Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now.

Well it's been 2weeks and nothing!... View More

Tim Akpinar
Tim Akpinar
answered on Dec 15, 2023

You could sue on a contract-based theory. But if a law firm isn't willing to consider your matter on a contingency basis, that could mean attorney fees compounding things, win or lose. You could either on your own or through an attorney consider all options other than a lawsuit and weigh which... View More

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2 Answers | Asked in Contracts and Entertainment / Sports for Michigan on
Q: Can I sue a app that causes my music career to be slowed? There not doing what they're paid for.

Paid this app that's connected to my distributor to give my song 500 plays to get notice more, 500 plays in 7 days, after few days only couple plays asked them what was wrong, they said, were updating our systems and you get a boost now.

Well it's been 2weeks and nothing!... View More

James L. Arrasmith
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answered on Nov 18, 2023

If you paid for a service from an app that was supposed to increase plays for your music, and they failed to deliver as agreed, you may have grounds for a lawsuit. This situation could potentially be viewed as a breach of contract if the app did not fulfill the terms of the agreement you entered... View More

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1 Answer | Asked in Civil Litigation, Contracts, Consumer Law and Business Law for Michigan on
Q: Are there lawyers that advise or represent small claim plaintiffs?

Car dealership not honoring warranty claim (parts and labor) written agreement.

Brent T. Geers
Brent T. Geers
answered on Sep 26, 2024

There are lawyers who may meet with you to advise you on whether and how to proceed with such claims. However, an attorney cannot represent you in the actual small claims proceeding.

2 Answers | Asked in Contracts, Collections and Small Claims for Michigan on
Q: My ex thegirlfriend two years ago gave me money from what she told me was her savings account to get my car fixed $3000

Total $3000 turns out the money I believed to be her personal funds was actually a personal loan from the bank that she did not disclose. Now two years later the loan was paid back and she’s insisting I pay her back. Nothing is in writing and my name was not listed as a borrower nor did we... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Aug 27, 2024

If you agreed to pay her back, then you owe her the money and she might be able to sue to get a judgment.

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