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Michigan Real Estate Law Questions & Answers
1 Answer | Asked in Real Estate Law, Consumer Law and Landlord - Tenant for Michigan on
Q: Who do I talk to about a realastate agency suing me, for properties they never fixed, while I lived there?

All Pro, the company I rented from for 7 years, never fixed anything that would break down. I moved from their in August, waiting and thinking I'd get some of my deposite back. Now that the home needs painting and carpet, they want me to pay for it, after I've already replaced many things like... Read more »

Trent Harris
Trent Harris answered on Oct 10, 2019

You would want to talk to a civil litigation attorney who is experienced in landlord tenant and collection defense. Or, you might consider filing bankruptcy, since it might be cheaper than defending the suit.

As to the merits of your case, you would probably need to have good proof that the...
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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...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can an associate broker operate a property management business aside from the company he is licensed with.
David Soble
David Soble answered on Oct 3, 2019

In Michigan, the state requires that a property management company be owned and operated by at least one person who is licensed as a real estate broker. To the extent that you can operate such a company and also be licensed with your current broker is a determination that can be made between the... Read more »

2 Answers | Asked in Real Estate Law for Michigan on
Q: can a purchaser legally sell or rent a house on land contract if theres a mortage?
David Soble
David Soble answered on Oct 3, 2019

Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: can a purchaser legally sell or rent a house on land contract if theres a mortage?
David Soble
David Soble answered on Oct 3, 2019

Once a purchaser comes into legal title to a property, they can sell a property on land contract. They will need to have a real estate attorney review the underlying mortgage to see if the 'due on sale" provision of the mortgage will pose a problem or not.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Does the executor sign the deed to property to transfer to beneficiary named in will?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 28, 2019

That is PART OF what needs to be done, and the form of deed is unique (a fiduciary deed) and many non-lawyers are befuddled when that is pointed out.

This is not usually a good place for a DIY solution. Please seek the advice and assistance of a local attorney to be sure you’re doing...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My fiance and I collaborated on purchase of a home. He is on the mortgage and we are both on the deed.

He did a quit claim after the closing, but still at the title office. A new deed was transferred to both our names at that time.We received a notice from the county that his quit claim on the deed had been transferred and recorded to reflect both of our names. Recently, we have found... Read more »

David Soble
David Soble answered on Sep 28, 2019

Based on the limited facts as presented, it sounds as if sometime in the closing of the mortgage, there may have been another deed drafted replacing what you had initially intended.

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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: My apt complex removed everyone's balconies mid-lease. They claim that the city made them do it. What can we do?

The apartment complex completely removed everyone's balconies mid Lease without offering anything in return. I was wondering if we might have a class action lawsuit against our landlord to receive rent reduction or break our leases without penalty.

David Soble
David Soble answered on Sep 28, 2019

While it sounds as if the complex was removing the balconies in compliance with the city's building enforcement, there is no harm in requesting a reduction in rent because the balcony was part of the space initially leased. You may have the ability to exit the lease without penalty, however, the... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Is it legal for a trustee to continue to pay the mortgage on a property after the borrower has past away?

My mother past away last year, she had all of her real estate set up in a trust. The trustees are my brother and myself, her only 2 heirs. There is the house that she has lived in which has a mortgage. My brother was named as executor of the estate, because he lives close, while I live out of... Read more »

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

I would not worry about fraud in a criminal sense. The mortgage obviously needs to be satisfied. And in fact the trustee has an obligation to preserve the estate by doing so. Is your brother going about it 100% by the book? No. And it sounds like some legal guidance could be useful to the both of... Read more »

1 Answer | Asked in Real Estate Law, Constitutional Law and Municipal Law for Michigan on
Q: Can a building inspector enter into a private home without a warrant?

Local building inspector entered unoccupied private property without permission of owner or a warrant and take pictures to use as evidence in a civil procedure?

Can Camara v. Municipal Court (1967) or Mapp v. Ohio (1961) be cited to have the pictures deemed inadmissible?

David Soble
David Soble answered on Sep 19, 2019

Municipalities have wide latitude to enact building codes and enforce them for the benefit of public safety.

If the home is condemned or has other immediate safety issues, the city should have tagged the property and also sent out letters to the owners, based upon the owners' registered...
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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...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Does having POA give that person absolute power of the sale of joinly owned property that was inherited?

Myself, two brothers and my sister inherited property when our Dad died. The property is for sale and we cannot agree on a selling price, deadlocked at two votes each. My sister, who has POA claims that she can make the decision without our approval and has continued to lower the price against one... Read more »

Thomas. R. Morris
Thomas. R. Morris answered on Sep 9, 2019

Your sister claims to have POA (power of attorney) for whom? Your deceased father, I presume. He no longer has a say in the matter, so neither would his attorney-in-fact. I question her authority.

How is the property titled? When you say you inherited property, do you mean that the...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: My wife won't sign refinance papers, what can I do?
Kenneth V Zichi
Kenneth V Zichi answered on Sep 8, 2019

If her name is on the property YOU can’t ‘do’ anything. She needs to AGREE and sign willingly.

Why won’t she sign? Is there something she objects to you can address? Why do YOU want to refinance?

—This answer is offered for information only, is not legal advice and does...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: I am renting, the lease began on 7/30/16 & expired on 2/1/17. There was no renewal & with consent i have been paying mo

month to month. Gave my 60 day notice (per lease agreement) on 1 Aug. However on 26 Aug, landlord asked if i could move out sooner, by 10 September, since he has other tenants interested. I scrambled to make arrangements and will be out by 31 Aug so that the unit can be painted & re-carpeted. Per... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 31, 2019

Without seeing the lease it is impossible to provide a real answer, however, there are provisions where state law 'trumps' a lease and others which are the other way around. That said, if you have moved out per agreement of the landlord before Sept 1 you should NOT pay any rent for September. Be... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Is it legal to sell a home that is on private property that is also up for sale through realtor?

We lease property that is zoned for mobile homes only. But it has recently went up for sale during the time in which we are trying to sell our home. We have a month to month lease.

Kenneth V Zichi
Kenneth V Zichi answered on Aug 30, 2019

If the land and mobile home are separate, it would seem to not matter. If YOU own the non-affixed mobile home, of course you can sell it.

As to HOW to do that so as not cause issues, there will be problems if both you and the land owner are not VERY specific in what you are able to sell....
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1 Answer | Asked in Real Estate Law for Michigan on
Q: purchasing a home selling current home Found a buyer for mine and found a home to purchase sellers said that they...

already purchased another place. so everyone was in agreement that I would close on my sale the same day we close on the new house and we would move out closing day and move in closing day. HOWEVER 24 hours before closing the sellers are telling us we Cant move in yet and need another month but... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 28, 2019

What do the written offers say about occupancy? Did you have an attorney review the paperwork and explain the various options/decisions/provisions of the offer? You should NEVER make or accept an offer without having a legal review of the transaction (both buying and selling if you're doing both!)... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Do you have to be the homeowner to evict someone from my family property I currently occupy in Michigan?

I occupy my grandmothers house after she passed away in Nov. with my disabled aunt as her legal guardian/caretaker. I let a friend stay with me for a couple weeks while she tried to get into a mission. They will not leave or pay any bills. I need to evict them. The house is in foreclosure, bank... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 27, 2019

You have to have the right to occupy the home. If the home has been foreclosed upon by the bank the legal status is dicey at best. You NEED to begin Probate and the redemption process yesterday. Please appreciate the house isn't 'in' foreclosure if 'the bank owns it now' --- it has BEEN foreclosed... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: Recently purchased home and sellers have 30 day out clause. Can we inspect the home or have keys provided to us legally

Initially they told us they would not need the full 30 days despite in the purchase agreement, but now are showing signs that they may stay longer. We closed on the home nearly 2 weeks ago. They forced an insurance inspector off of the property who was there to take pictures for our home... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 27, 2019

What you can do depends a lot on what your purchase agreement says. You DID have an attorney review that agreement before you submitted it, right? What does that attorney say? If you didn't have an attorney review it before hand, it is way past time to have an attorney look at it now.

MOST...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Does a Realtor who sells units in a housing co-op need to have an agency disclosure form signed by the buyer and seller?
Kenneth V Zichi
Kenneth V Zichi answered on Aug 20, 2019

It doesn't matter what type of housing (co op or otherwise) the agency disclosure needs to be provided consistent with the licensing rules. IF the license requires it, then yes. Usually both buyer and seller only need to sign when there is a 'dual agency' but without specifics it is impossible to... Read more »

1 Answer | Asked in Real Estate Law for Michigan on
Q: If your close date has come and gone because the buyer is pursuing alternative financing, are you obligated to sell?

Buyer's bank loan feel through because he is going through a divorce. The agreement close date was 08/16. Our realtor sent us an amendment late last night to extend the close date under the same terms. We have not signed the amendment and want to change the terms to require the earnest money... Read more »

Kenneth V Zichi
Kenneth V Zichi answered on Aug 17, 2019

Without seeing the offer and reading the various contingencies it is impossible to say for sure. The offer MAY be 'dead' meaning you can both walk away without issues, or there may be a default requiring action.

If the offer is 'dead' and they want to extend, you can make whatever changes...
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