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Michigan Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Michigan on
Q: I have a house in Wayne County. My now ex wife is on the title. I need to get her off the title. Lived in for 2 yrs.

What are my options to get her name off the title. I don't want to sell the house. I can't make contact with her due to the claims she made. We can't meet in person it has to go through our family attorney for questions. What can I do to get her off the title hassle free.

David Soble
David Soble
answered on Oct 7, 2021

You can go back to the court with the initial jurisdiction on the file, and petition the court to order that the subject property be refinanced or sold. If your ex - spouse won't cooperate after that, then they would be violating the court's order. Hope this helps.

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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: Owner of the house received cash from nephew and decided that my son buy's it back from him. Deed is still in the owner
Kenneth V Zichi
Kenneth V Zichi
answered on Oct 3, 2021

Your question is unclear. But ALL real estate transactions need to be done in a written agreement. ‘Owner decided’ is never enough. What does the written agreement state?

If you’re unsure, you need to immediately seek local legal representation.

—This answer is offered for...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Michigan Quit-claim Deed - if exempt from MI Real Estate Transfer Tax, does actual consideration need to be listed?

My 2 brothers and I inherited our parents' house upon their deaths. I and one of my brothers are selling the house to our other brother. I'm attempting to write the quit-claim deed myself. I've found where this transaction is exempt from Michigan Real Estate Transfer Tax because... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 26, 2021

Trying to write a deed is akin to trying to do your own appendectomy. It is 'easy' surgery, but it's rather poor practice to 'just do the research' and try it yourself.

That said, there are significant tax implications for the consideration listed in the deed, and...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: We discussed a price with the realtor, then he listed it for 50,000 less than we discussed. What can we do?
David Soble
David Soble
answered on Sep 24, 2021

A listing needs to be endorsed by the property owner. Did you sign the document in blank? The list price should be listed on the listing agreement at the time of signature. If you have further problems, I would suggest first calling the agent's broker to get it corrected.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Are one-way provisions in condominium bylaws enforceable in Michigan? Specifically for attorney fees and costs?

I am a Realtor representing the seller of a condo with 16 units. The condo rules provide that everybody pays a monthly fee/due and included in that fee is the use of water, sewer, and heat. There are no meters establishing what unit uses what and never has been. My Seller uses the condo 6 weeks out... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 9, 2021

'Unilateral' provisions are not per-se improper, but you're 'gut' that this is rather unfair isn't wrong. It is an argument against buying a condo or entering into ANY 'contract of adhesion' but it isn't 'illegal'.

For example, your...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question

Someone gave me a cash deposit to purchase my property. No contract was signed and no receipt was given. A month later he called me to cancel the deal. I told him I can not give him the deposit back. He started harassing my phone and threatening me. What should I do? Do I make a police report? Do I... View More

David Soble
David Soble
answered on Sep 9, 2021

If you state that there was no written contract, then you do not have a valid purchase agreement. Real estate transactions, especially those dealing with a purchase, require that the contract be in writing pursuant to the Statute of Frauds. My suggestion is that you return the deposit, because... View More

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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can anyone tell me what is the best way to proceed with buying this manufactured home?

I would like to be sure I don't give the manufactured home park any kind of loop hole. The seller owes them nothing. And has no lease. He verbally offered it to the park and they declined to buy it.I've been told he should offer it to the park. For the sale price in writing. I'm... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 7, 2021

The BEST way is to not buy the home in the first place. Manufactured homes, particularly those in parks where you don't own the land it is placed upon, are notoriously bad investments. They lose value and create liabilities unlike any other thing you might own other than a motor vehicle.... View More

2 Answers | Asked in Real Estate Law for Michigan on
Q: Real estate question.

A buyer wanted to purchase my property in Dearborn Heights on a land contract. He gave me a cash deposit to hold property

No signed contract no receipt. A week after I got a call from buyer that he does not want the house anymore and he wants his deposit back. Can I keep the deposit or do I... View More

David Soble
David Soble
answered on Sep 9, 2021

If the agreement was for you to "hold the property from putting the home on the market, for a short then you may be able to keep it. Otherwise my suggestion is that you return the deposit. Without a written purchase agreement, you do not have a valid contact. Real estate transactions,... View More

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2 Answers | Asked in Real Estate Law for Michigan on
Q: We had a 12 month lease which ended in 2019, but I'm still living in the rental. Never signed a new one.

Expired lease and rules in the expired lease still apply?

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 2, 2021

Yes except that the ‘term’ of the lease is now month to month and the rent can change with a month’s notice in the proper (written) form. The other terms (pets, utilities etc.) remain as in the written lease.

— this answer is offered for information only and does not constitute...
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1 Answer | Asked in Real Estate Law for Michigan on
Q: Can I move mobile home from park? Seller has no lease. Park says it cant be sold to anyone moving it from the park.

The seller offered it to the park for sale price fist. They declined to buy. Then said he can't sell to anyone that intends to remove it from the park. I'd like to know what Michigan law is. I'd also like to know. Is there anything I can do to protect myself. From the mobile home... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Sep 1, 2021

Assuming the mobile home is owned by someone other than the park, the owner (now or a new purchaser) can move their personal property wherever they want.

It’s a little like saying ‘I’ll let you buy the car, but you have to rent the parking spot and can’t move it.’

Two...
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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... View 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... View More

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3 Answers | Asked in Real Estate Law for Michigan on
Q: How do I get a seller disclosure on a property I closed on?

How do I get a seller disclosure on a property I closed on?

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 18, 2021

You are supposed to receive the seller’s disclosure statement at the time of (or shortly after) the OFFER is made.

It should also be in the closing packet of documents you received. Did you have an attorney review the paperwork?

Without that attorney review, you may not know...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: how does the patron act work. how can to force other land owners to sell ground?
Kenneth V Zichi
Kenneth V Zichi
answered on Aug 17, 2021

The "Patron Act"? As far as I know, there is no such thing. What are you trying to do? Force the sale of land owned jointly or compel the sale of land in some other way? Without specific facts, it really isn't possible to answer your question.

--This answer is offered for...
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1 Answer | Asked in Real Estate Law and Tax Law for Michigan on
Q: How can I pay delinquent taxes and take ownership of a home?

My childhood home has two years of unpaid taxes and if they aren’t paid by March 31st, 2022 the county takes the home. It’s abandoned and no one lives there. I’m not the owner and I cannot reach the owner (I’ve been trying). I was told if I pay the delinquent taxes and get a tax certificate... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 10, 2021

You can’t just pay the taxes and expect to be reimbursed.

That procedure works if you purchase the property at a tax sale, which is the official sale once the taxes have reached the level of delinquency that you mention.

The procedures for bidding at a tax sale or complicated and...
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1 Answer | Asked in Real Estate Law and Land Use & Zoning for Michigan on
Q: How does a surveyor split land in half using legal land description

I bought some land in sec 2 t12north range 16 west also except north 250ft and 110ft w. Seller deeded all of property to me. Year later I deeded south half back. New owner had servey done and south half has 4.72 acres and north half is smaller. Records show that the qauerter quarter section has... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Aug 2, 2021

Your description doesn't make sense. Did you buy a whole section except for the North 250 feet and west 110 feet?

A section is an area nominally one square mile, containing 640 acres. A mile less 250 feet in one direction and 110 in a perpendicular direction from the first is not...
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2 Answers | Asked in Real Estate Law for Michigan on
Q: Can a landlord come in & take pictures of the house while your occupying it because they plan on selling it?

I am a renter of a house for 2.5 years now. The landlord is going to be listing it to sell, but can they come inside to take pictures for the listing while I live here with all my personal belongings in it? I do not have any kind of written lease agreement or contract. Just a month to month rental.

David Soble
David Soble
answered on Aug 2, 2021

Yes, if the lease provisions allow for the landlord to show the home to prospective purchasers, then they can come in an photograph the interior of the property.

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2 Answers | Asked in Real Estate Law for Michigan on
Q: I purchased a piece of land in April. I have a quit claim deed. There were renters in the home and refuse to leave.

Do I have a legal right to inspect the home? Renters won't let me in.

Anthony M. Avery
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answered on Jul 30, 2021

Inspecting the home is the least of your problems. Hire a competent MI attorney to file a possessory action for either an Eviction, or possibly Ejectment. The SOL is running and you may have already lost the Title, or your Deed may have been void for Champerty. You need a title search... View More

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3 Answers | Asked in Estate Planning and Real Estate Law for Michigan on
Q: Purchase agreement signed and homeowner passed away. House was in a trust. Given to one trustee as a life estate.

In the process of buying a home. Trustee passed away after purchase agreement signed. Other trustee alive. Home was given as life estate to the one that passed. Trust stated he could sell and had to share profit with any living trustees. (Sister gets 1/3). Is the purchase agreement still valid?

Nina Whitehurst
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answered on Jul 30, 2021

The most likely outcome is the successor trustee is contractually bound to complete the sale of the house and distribute the proceeds in accordance with the terms of the trust.

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1 Answer | Asked in Real Estate Law for Michigan on
Q: If easement bridge is destroyed may I as dominant tenement completely rebuild it, at my expense?

My landlocked residence has an appurtenant easement to cross adjacent undeveloped property to access the public road. A bridge over a creek is part of the easement path. I am the only private user of the easement. The path and bridge serve only my home. The servient tenement property owner never... View More

Kenneth V Zichi
Kenneth V Zichi
answered on Jul 23, 2021

It appears as if you're looking for legal representation. This forum is for answering general questions rather than specifics, and the NATURE of the easement matters a great deal so no 'general answer' is going to get you what you want. As for case law, again, you need to hire an... View More

1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on
Q: I live In Westland Mi. Can I use my security deposit to pay my last month's rent when I am moving out?
David Soble
David Soble
answered on Jul 9, 2021

Generally not. Most lease provisions will prohibit using security deposits for the last month's rent. Security deposits are used to offset any damages or other fees owed to the landlord upon the expiration of the lease. However, if you and your landlord agree otherwise, then you should do so.

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