We went under contract in a competitive bidding situation 6 days ago. An earnest money deposit of $10k was agreed and the only meaningful contingency was obtaining a satisfactory home inspection. Contract language proposed by and agreed with buyers for the contingency clause considers only those... View More 
answered on Aug 26, 2023
A real estate attorney needs to see the purchase agreement to confirm, but in general, if a contingency date is not met or if a provision is not followed in accordance with the purchase agreement, you may be able to keep the prospective buyer's EMD. This can be highly contentious and it is... View More
Paid the seller 6 thousand dollars within the 90 days the information was held from the judge that it was paid and he granted a forfiture . The seller contacted the buyer and said he wanted to be done and he wanted 20,500.00 to keep the home pay off the contract .so we signed agreement to do... View More
answered on Aug 26, 2023
First, if the land contract seller's stated balance of the amount due is not accurate in their complaint, then you should have raised the discrepancy at the time of the hearing. The time to do this is not after the judgment is entered. However, while you may be able to go back to the court and... View More
Me will the house become his? Or can my next of kin (mother who I have no relationship with) take it from him?
answered on Aug 25, 2023
The answer to this question is "it depends." It depends on whether you both own the house as joint tenants with right of survivorship, or whether you own the house as tenants in common. And it also depends on whether you have any estate plan documents such as a will, trust, or lady bird... View More
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More
answered on Aug 24, 2023
The restrictive language you mentioned in the deed may not be enforceable under Michigan law under Michigan Land Title Standard 9.1. I suggest you contact a title company to obtain a title commitment for the property. The title commitment will tell you what steps you may need to take (if any)... View More
There was a plot of land that my grandfather transferred to me through a quitclaim deed many years ago. Regarding current situations I am looking to sell the property, However, in the quitclaim deed, it says that the transferability only extends to heirs at law. However it also says that it can be... View More
answered on Aug 24, 2023
The term "heirs at law" is defined by MCL 700.2720 as those persons who would be entitled to a decedent's property if that person died without a will.
A deed does not have to expressly grant water or mineral rights. You did not state that the grantor reserved mineral... View More
answered on Aug 15, 2023
This conveyance could have negative consequences. For example, it could be the basis for the denial of your discharge were you to file bankruptcy. Moreover, the home is currently protected from the creditor according to the facts you gave. Whether you should follow through on your idea requires... View More
I’m in Michigan. What process is needed?
answered on Aug 5, 2023
The language related to "sole survivor" most likely relates to the actual conveyance language and how the grantor conveys their legal interest to the grantee. This is sometimes called "vesting language." Deeds do have "magic' language in them and what the deed says... View More
His Family told me I have 30 days that they are returning the house to the bank we have a lease and every receipt for the last 3 years almost 4 we lived here and what do I do with the rent money they are asking me to give them
answered on Aug 4, 2023
Mr Soble is absolutely spot on correct about consulting with a LOCAL real estate attorney about your situation.
But your question is a bit unclear.
You say you have a lease. Is that lease ending at some point in the FUTURE, or has it already ended and you're now 'month... View More
They sent the quit claim deed I completed my portion was told to have it virtually notarized, did that and returned. Later received returned filing fee check (in law offices name) saying it was denied. Have asked questions to lawyer,and staff first they say it was a new program they needed to add... View More
answered on Jul 19, 2023
This sounds like a dispute you have with the attorney about whether the attorney has completed the work you hired the attorney to do. If you are unhappy with your attorney's work, then I would first look to your retainer agreement with the attorney, if you have one. Your retainer agreement... View More
Original sellers passed away and the person is seeing hand written notes saying I missed 4 pymts. can changes be made like that without a new contract or signatures? Original contract ends in April they changed it to August but I'm paying it off early
answered on Jul 18, 2023
That isn't a 'change'. If you didn't make the payments they are entitled to the payments that were not made and it appears they are offering to do so with no 'interest penalty' which I'm sure the contract provides for ... you're probably coming out ahead. IF... View More
Original sellers passed away and the person is seeing hand written notes saying I missed 4 pymts. can changes be made like that without a new contract or signatures? Original contract ends in April they changed it to August but I'm paying it off early
answered on Jul 30, 2023
If you missed the payments, would you rather that the LC seller call your land contract due and start a forfeiture, or have them extend out the land contract for the additonal 4 months to allow you to pay on the contract as initially anticipated? Depending on the provisions in the land contract,... View More
The current mortgage company acquired my loan a few years ago as the original lender sold it off. I have never been late, have a credit score of well over 800, paid extra over the years, and have 23 months until the loan will be satisfied. As such I have over 90% of the equity (even by the... View More
answered on Jul 11, 2023
What does your mortgage say? IF it says they can randomly require you pay for inspections, then yes, they can do what you describe. If it says they can force you to pay for inspections whenever work is done on the property that too is something they can do.
If it doesn't say that,... View More
My question is do I need him to sell it because he will not respond to a text message and email a phone call a letter nothing radio silence. I can't in good faith show a family a home and get their hopes up have them get a bank loan and have this Yahoo not comply
answered on Jul 11, 2023
If I understand correctly, you are BUYING a home from a former friend on a land contract and making payments to them. MOST (and I can't emphasize enough that you need to read the terms of your land contract as this is only general information and not legal advice!) land contracts have a... View More
I've been here for 2 years and it's been an absolute nightmare I made a bad land contract with a former best friend turned lover want to be. As I dismissed his advances he has had me in litigation for 11 months he assumed me he gives me my life a living hell. I've been trying to... View More
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answered on Jul 10, 2023
In a land contract or contract for deed arrangement, the seller retains legal ownership of the property until the contract is fully paid off. Therefore, if you are still in the process of purchasing the home on a land contract, it's likely that you would need the original seller's... View More
answered on Jul 5, 2023
When parties are co-owners of a home or any other piece of property, and the parties are not married then any issues related to real estate are addressed and resolved under legal theories and remedies concerning contract law. Only a family law judge can order parties who are married to sell a... View More
Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?
answered on Jul 4, 2023
EACH of the tenants in common has an undivided fractional interest in the property. If you can, for example, determine how to build on only 1/10th of the property without dividing it into 10 slices, then you can do what you want with your share without anyone else 'agreeing'.
As... View More
Was recently made aware I am one of the tenants in common with my siblings on my deceased grandmother's 47 acre land. I would like to move onto the land but one of the tenants in common said I cannot with out approval from all the tenants in common. Is this true?
answered on Jul 5, 2023
Holding title as tenants in common means that each party on the deed has a right to an equal or unequal undivided ownership to property. It also means that if one of the owners dies, their share is conveyed to their heirs, not the other owners who are still alive. Based upon the facts as you... View More
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answered on Jun 28, 2023
If your neighbor causes damage to your property using equipment provided by their employer, there may be potential grounds to hold both the neighbor and their employer liable for the damages. Under the legal principle of vicarious liability, an employer can be held responsible for the actions of... View More
Hello! My name is Benjamin, and I am wondering if you can provide me some legal advice on insurance matters. I have just recently sold a house but yet still have insurance on the house. A fire happened right after I had sold the house. I made a claim to the insurance company and they are refusing... View More
answered on Jun 13, 2023
Sue them for what? If the house was sold, you have no insurable interest in the property, even if you are still paying premiums on it. You would essentially double-dip if you already received the sale proceeds, and now you were to receive the insurance payout. That's like insuring your... View More
Hello,
I had my property demolished recently and post demolition the contractor is asking for more money than the agreed amount stating that the city inspections had them fix the approach to garage as it was broken. We had gone back and forth over emails and texts as whose fault its, with... View More
answered on Jun 12, 2023
An attorney would need to review your current work order agreement with the contractor. Generally speaking, a licensed contractor has a legal remedy for when they are not paid on a particular project - they can record a construction lien on the underlying property, and, if payment is not... View More
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