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Michigan Real Estate Law Questions & Answers
2 Answers | Asked in Estate Planning, Real Estate Law and Tax Law for Michigan on
Q: In Michigan do we pay taxes after selling deceased parents home

They had no will and we just sold it ( a few years after they passed after getting permission from courts).

There are 7 children splitting the money whom each get about $8,000 each.

They had no other assets or estate to speak of

Brent T. Geers
Brent T. Geers
answered on Mar 7, 2022

Did you already pay the inventory fee to the probate court? Other than that, there shouldn't be.

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2 Answers | Asked in Land Use & Zoning and Real Estate Law for Michigan on
Q: Neighbors tree is hanging in our yard. If we cut it it will die. Can they sue us?

The tree grows straight on their property for 10' then takes a hard left and all branches are on our side. If we cut what is on our property, it will die. They told us they will sue us if it dies. What can we do?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 1, 2022

Normally you can remove branches over your own property without the permission of the person next to you where the trunk is located.

HOWEVER if you kill the tree in the process, that is not permitted. It sounds like you're setting yourself up to fail if you simply cut the branches...
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1 Answer | Asked in Criminal Law and Real Estate Law for Michigan on
Q: I bought a house 7months ago.. 3months ago I noticed it's infested with rats.. do I have any recourse? what to do?

rats in every wall, every ceiling, and now getting into my house. neighbors say person who sold me the house knew about the rats.. I have 3 children. it's not safe anymore to live here with my children.

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 27, 2022

This appears to be a question for an exterminator rather than a lawyer. Animals will live wherever they can get in and so long as there is food for them, so removing the ability to get into the house, and getting rid of food sources would seem to be the way to address this.

Did the...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: If I havent lived at a Residence for 2 years but my name is still on the mortgage, is it still my house?

Had a joint mortgage with my exwife, she bought me out but never refinanced so my name is still on the mortgage. Is it still just as much my house as it is her house after 2 years? Can I legally go into the house because its still my house? Or because I havent lived there in 2 years its no longer... View More

Michael Zamzow
Michael Zamzow
answered on Feb 15, 2022

The mortgage (in colloquy) merely says who pays, and doesn't provide any ownership interest.

Whether or not you can legally go into the house is the wrong question (no, you probably cannot). The correct question is, "should I go into the house?" and the answer is "You...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a signed contract with a corporation to purchase my property the closing date is tomorrow .

They just sent me a text message saying that they can’t go through with the deal because they can’t get a contractor. However that’s not my problem. Can I take them to court and force them to close.?

David Soble
David Soble
answered on Feb 14, 2022

You can bring a lawsuit provided that the purchase agreement allows you to do so. The legal remedies available to you are listed in the purchase agreement. Most likely, when you are dealing with a real estate investor / company, the only money that you can retain for damages is the amount of the... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: If I havent lived at a Residence for 2 years but my name is still on the mortgage, is it still my house?

Had a joint mortgage with my exwife, she bought me out but never refinanced so my name is still on the mortgage. Is it still just as much my house as it is her house after 2 years? Can I legally go into the house because its still my house? Or because I havent lived there in 2 years its no... View More

Brent T. Geers
Brent T. Geers
answered on Feb 14, 2022

Did you sign a quit claim deed? If your name is not on the deed, then it's not your house regardless if your name is on the mortgage.

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2 Answers | Asked in Banking, Civil Litigation and Real Estate Law for Michigan on
Q: I had a joint mortgage with my ex wife. I was bought out for $40,000 (my half of equity) but she wont take my name off?

Had a joint mortgage with my ex wife and 2 years ago I was bought out ($40,000) and she was supposed to refinance and put the house in her name. 2 years later, she still has not refinanced and got my name off the mortgage. Now, every time she is late, my credit is dinged and to help my credit not... View More

David Soble
David Soble
answered on Feb 14, 2022

Your next legal steps will be dependent upon the terms of the divorce decree. You may have to go back to court and motion the court to enforce the terms of the agreement.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: Is a text message legally binding if an amount was agreed to but the other party now wants more.

Our Son and Uncle own a home we are selling. Our Son moved away last year and we have done all the improviden improvements and upkeep. We agreed on$5000 but later told him $6000 in a text. He has since said he wants half which isn't reasonable. Can he be held to what we agreed on. He... View More

David Soble
David Soble
answered on Feb 13, 2022

Generally, text between parties can be used to show agreements and understandings between them, even where there may not be a written contract or signatures. The conduct of a particular party performing certain tasks or actions in reliance upon statement made in text communications can be used by a... View More

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Sellers agent gave my personal cell phone to the buyer months after the transaction. New owner will not stop harassing.

Are there laws preventing the agent from doing this?

Kenneth V Zichi
Kenneth V Zichi
answered on Feb 13, 2022

There are no specific laws that discuss this so far as I'm aware, but take a look at your listing contract. Does it say anything about the retention/sharing of information? I bet you may have a contractual issue there IF (and this is the tricky part!) you can PROVE (not just suspect or... View More

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4 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Are deadbolt Anti-Intrusion devices legally allowed to be used by the renter in an apartment?

I am currently renting an apartment in Michigan and am having problems with the property manager. I placed an Anti-Intrusion device over the deadbolt of my door, for added security while at home. The manager is telling me this goes against my lease agreement, as per a rule stating that locks cannot... View More

Brent T. Geers
Brent T. Geers
answered on Feb 11, 2022

Your question raises an interesting fact scenario. It doesn't sound like you are actually modifying the lock itself, but you are, arguably, altering the intent of that prohibition - the idea being that the property manager may need to access your apartment on an emergency basis even if you... View More

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3 Answers | Asked in Real Estate Law for Michigan on
Q: Can a spouse refinance a home without the others signing if they are on the mortgage
Thomas. R. Morris
Thomas. R. Morris
answered on Feb 10, 2022

No, not if by "refinance" you mean "get a new loan secured by a new mortgage on the home." The grant of a mortgage requires the signature of all owners.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: After a house is sold what can be done if the prior owner won't move. The realtor did not put an end clause at closing.
David Soble
David Soble
answered on Feb 7, 2022

It will depend on the occupancy clause in the purchase agreement. If the agent did not put a date for the buyer's occupancy (not good) then, generally speaking, at the very least, the seller would have 30 days to vacate from the date of closing. Thereafter, the buyer could provide a 30 day... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: I, the seller, entered into a purchase agreement to sell my house. The buyer added a house sale contingency which I

knowingly agreed to but my realtor failed to add a date as to when the buyer had to have his house sold by! Now, 5 months later, he still has not sold his house and we have not been able to get anyone to accept a house sale contingency for us. All of our money is wrapped up into our house and we... View More

Brent T. Geers
Brent T. Geers
answered on Feb 7, 2022

I'm not sure this is so much a legal issue as it is a client service issue. Have you talked with your realtor's broker? Hind sight is always 20/20. Certainly it would have been nice to have those contingencies built in to the agreement, but there's nothing legally wrong with not having them.

2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Roommate no contract or lease left Jan 25th aggressively how long does she have to get her stuff and can I change locks

She refused to give keys threatening police if we change locks and doesn't care about giving notice when she will come to get the rest of her stuff. She left at her own free will there was no problems I even called her mom she just went crazy!!!!! I'm in lincolnpark michigan I just want... View More

Michael Zamzow
Michael Zamzow
answered on Feb 1, 2022

Unfortunately, the solution to your problem will likely require you to go through the eviction process to have her things removed. It isn't convenient but, by following the process (notice to quit, summons, properly served, hearing, judgment) you're taking reasonable steps to avoid your... View More

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2 Answers | Asked in Real Estate Law and Insurance Bad Faith for Michigan on
Q: just purchased new build builder is not responding to the problems, roof leaks basement drains cloged outside grade bad

What do I do?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 31, 2022

Have you submitted a written 'punch list' of items to be fixed/finished?

Or have you made the final payment accepting the property as is?

If the later, you may have a hard time.

It is hard to say what you should do next without also knowing what you have done so...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Bought a home that was listed as having a well..there was no well...a 10 ft cistern was hidden in a small crawl space

In century 21 listing and on disclosures..it stated there is a well...the sellers agent never gave me sellers contact info. All attorneys i talked to want a bunch of money to work for me, but I went with no water for 9 weeks and had to pay almost 6,000 for a well to be put in...I dont feel like I... View More

Brent T. Geers
Brent T. Geers
answered on Jan 29, 2022

Not sure if a cistern would qualify as a well. But caveat emptor! It costs money to sue, and I'm not sure if the damages are sufficient to make it worth your's - or an attorney's - while.

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3 Answers | Asked in Contracts and Real Estate Law for Michigan on
Q: Sis doesn't want house she & boyfriend bought. BF says he won't pay mortgage. They used her credit. She can't afford.

Sister and her boyfriend bought a house last year. He has been drunk all the time and mean to her and my nephew and she wants to sell the house to move home and take care of sick mom. He's paying the mortgage but they used her credit. He won't sell and says he'll stop paying the... View More

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

I take it the boyfriend's name is also on the deed? There's only three ways to proceed: 1) get him to agree to take the house and refinance the mortgage into his name; 2) get him to agree to just sell the house and split the proceeds, or 3) petition the court for an order to sell the... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: My mother would like to transfer her house to me and my wife. Do we need a warranty deed or quit claim deed in Michigan

Are there tax ramifications?

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 15, 2022

A quit claim and the appropriate transfer and tax affidavits will usually suffice but this is NOT a ‘DIY’ appropriate task. There is much at play and there will also be tax implications and the possibility of a gift tax return being required.

That snd depending on your situation...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: We would like to take legal action against the person who sold us our home/the inspector for nondisclosure.

I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we... View More

Brent T. Geers
Brent T. Geers
answered on Jan 11, 2022

Possibly, if you have more facts than what is disclosed here. The fact that it was a rental for 30 years isn't enough. Nor is the bathtub not being on proper supports. You'll need to show that the former owner knew or should have known of very specific issues.

I think you have...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: When filling out a quitdeed to avoid probate court in Michigan, do you need to put in a survivorship clause?

With 2 people being on the quitdeed in case something happens to one of them

Kenneth V Zichi
Kenneth V Zichi
answered on Jan 7, 2022

Drafting a deed for the purposes of estate planning is far more complicated than 'filling out a deed'. If you want to insure your heirs are involved in long and expensive litigation over the title of the property, and don't care if you cut yourself out of your house, then by all... View More

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