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Michigan Contracts Questions & Answers
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 Civil Litigation, Contracts and Real Estate Law for Michigan on
Q: What rights does a renter living in a home sold by land contract have once the buyer dies before contract completion?

Renter paid monthly rent of 500$.. lived in home with buyer at time of death

Kenneth V Zichi
Kenneth V Zichi
answered on Apr 8, 2023

The buyer’s estate steps into the shoes of the buyer.

The ‘rights’ of the lessee depend on his relationship to the estate.

This is a FAR more complicated and fact dependent situation than can be discussed cogently in a forum like this.

You NEED to consult with a...
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1 Answer | Asked in Contracts and Landlord - Tenant for Michigan on
Q: If an apartment doesn’t list that a application fee is refundable or non refundable is that illegal?
John Michael Frick
John Michael Frick
answered on Apr 5, 2023

If the apartment is located in Michigan, apartment application fees generally are non-refundable.

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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1 Answer | Asked in Consumer Law, Contracts and Business Formation for Michigan on
Q: does a foreign llc in michigan with certificate of authority for xyz llc. need dba if using another name

Specifically, MICHIGAN LIMITED LIABILITY COMPANY ACT (EXCERPT)

Act 23 of 1993, requires the following.

Sec. 206. (1) A domestic or foreign limited liability company may transact business under an assumed name or names other than its name as set forth in its articles of organization... View More

Thomas. R. Morris
Thomas. R. Morris
answered on Jan 28, 2023

According to the sections you cited, yes, which is consistent with the statutory scheme.

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
PREMIUM
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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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

1 Answer | Asked in Contracts, Criminal Law and Federal Crimes for Michigan on
Q: I live in Michigan I entered in to a contract with a client for 6 hours . After the first meeting that lasted 1 1/2 hour

a check was written, contract (stating non refundable $780) was signed. After check was deposited, the client cancelled the check. is this a civil case or a federal case?

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2023

It's a contract case. State case; small claims actually. Your damages are $780, and maybe any fees your bank charged you.

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 Construction Law, Contracts and Real Estate Law for Michigan on
Q: Does this company have legal rights to lien my property and is this consider a inflated lien?

Hello,

I need some advice. 19 months ago I had a house fire. The company hired to complete the repairs has been a nightmare. Many jobs were done without any input from us on material, improperly, and things are non-functioning. The project was supposed to be completed in 8 month and here we... View More

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

Did your insurance company contract with these people? First call should probably be to them. Second call should be to a local attorney who handles insurance and construction liens.

1 Answer | Asked in Contracts, Business Law and Patents (Intellectual Property) for Michigan on
Q: Have idea to enhance an existing product for existing business. What kind of atty to draft protection, more than a NDA.

I Have an idea to enhance an existing product for existing business, I would like to propose the idea to this business but would like to protect myself for compensation if they should like it and want to go through with it. What kind of an attorney would I seek to draft protection, I want more than... View More

Joshua David Mertzlufft
Joshua David Mertzlufft
answered on Dec 14, 2022

Beyond an NDA, you could talk to a patent attorney to discuss possible patent protection. In an initial conversation, you can discuss whether your idea is a good candidate for a patent application.

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, 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... View More

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