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Michigan Real Estate Law Questions & Answers
2 Answers | Asked in Real Estate Law for Michigan on
Q: Does a hallway in an apartment building (that has no lock from strangers) count as a common area or not

the hallway doesn’t have any locks to prevent someone from entering the hallway but there are locks on the door

Michael Zamzow
PREMIUM
Michael Zamzow
answered on Mar 14, 2022

Adding to Mr. Morris, the presence of locks won't determine common spaces. The common spaces will be defined by the lease and by what some might call obvious common spaces. Anything outside the space you're renting exclusively, that you also have reasonable access to will be considered a... Read more »

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1 Answer | Asked in Family Law, Real Estate Law and Tax Law for Michigan on
Q: I just need a couple of questions answered but do not currently have any money. Does anyone do a free consultation?

Is there anyone that could give me free legal advice for free if so who?

Kenneth V Zichi
Kenneth V Zichi
answered on Mar 12, 2022

MOST attorneys offer limited consultations at no charge.

You need to contact an attorney in your geographic area who handles the type of issue you have (domestic, real estate, estate planning, criminal law, civil litigation, etc.) directly and ask to set up a time for a free consultation....
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3 Answers | Asked in Real Estate Law for Michigan on
Q: can my ex spouse remove my name off of a home title or mortgage without my signature?

can he pay to do this without my knowledge?

Thomas. R. Morris
Thomas. R. Morris
answered on Mar 8, 2022

The answer is that it should not be possible for you to be divested of title to real property without your knowledge. As for having your name "removed" from a mortgage, if you were the mortgagor and the debt secured by the mortgage were to be paid, you might say that you were... Read more »

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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... Read more »

Michael Zamzow
PREMIUM
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
PREMIUM
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... Read 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... Read 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... Read more »

David Soble
PREMIUM
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... Read more »

David Soble
PREMIUM
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... Read 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... Read 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... Read 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... Read 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
PREMIUM
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... Read 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... Read 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... Read more »

Michael Zamzow
PREMIUM
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... Read 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... Read 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... Read 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... Read more »

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