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Michigan Real Estate Law Questions & Answers

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 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 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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1 Answer | Asked in Real Estate Law for Michigan on

Q: We signed a purchase agreement with no earnest money. We did not qualify for a mortgage. Is agreement over?

Kenneth V Zichi answered on Aug 16, 2019

Was the offer contingent on qualifying for a specific mortgage and was that contingency not satisfied? Without actually seeing the terms of the agreement it is impossible to say for sure, but IF it was drafted properly and you didn't qualify for the mortgage, then you MAY be able to call the deal... Read more »

1 Answer | Asked in Contracts, Real Estate Law, Gov & Administrative Law and Land Use & Zoning for Michigan on

Q: If a home is part of a HOA, is the owner legally responsible to disclose that to the new owner/protentional buyer?

I purchased my home back in March this year and I wish to put up an additional garage/pole barn (following all local permit rules). Some of the neighbors have mentioned that this cul-de-sac was a part of a HOA years ago. This was never disclosed to me and I was never given any information during... Read more »

Kenneth V Zichi answered on Aug 15, 2019

Because there was a HOA at one point does not mean there still is. Failure to disclose, failure to collect dues, failure to provide you notice etc all point toward it may not exist any more.

PLEASE take your paperwork to a local real estate attorney to review ASAP (as you should have done...
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1 Answer | Asked in Real Estate Law for Michigan on

Q: Can we get out of home purchase after signing a NO contingency purchase agreement? I know...what were we thinking!?

In early June we signed purchase agreement with our landlord to buy the duplex we have lived in for last 6 yrs. FSBO deal.No realtor involved. We know the property and know him; (great guy.) Quite honestly, didn't even think of the contingency issue. We were "pre-approved" with the lender, or so we... Read more »

Kenneth V Zichi answered on Aug 15, 2019

Without seeing the offer you submitted and which was accepted it is impossible to answer this question specifically. You need to consult with and HIRE a licensed attorney ASAP -- as you SHOULD have done before signing an offer.

There may be some way out, but if there are absolutely NO...
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2 Answers | Asked in Real Estate Law and Landlord - Tenant for Michigan on

Q: My tenant's year lease ended 7/31/19. He told us on 7/29/19 that he was moving out. No 30 day notice. Can I sue for Aug?

There's also a lot of damage that his security deposit will not cover. I probably need to sue for damage as well.

Kenneth V Zichi answered on Aug 6, 2019

It depends on what your lease says. Does it REQUIRE 30 days notice or is it a typical 'one year' lease that says IF the tenant holds over it becomes a month to month lease? WIthout seeing the lease, it is impossible to answer youre

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1 Answer | Asked in Real Estate Law for Michigan on

Q: When can I remove property that a tenant left after the lease expired and the tenants are gone?

I gave a 7 day notice in June 2019 for nonpayment of rent. The lease ended July 31, 2019 and I have a 30 day notice to end lease which the tenant acknowledged. On July 8, 2019 the tenants utilities were shut off for nonpayment (utilities are in tenants name). Tenants left all property and have... Read more »

Kenneth V Zichi answered on Aug 5, 2019

If it is clear you’re dealing with garbage, you’re free to just dispose of it. Deduct the cost of cleaning up and making necessary repairs beyond normal wear and tear from their security deposit by following the proper procedures.

For 'abandoned' personal property the rules are a bit...
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1 Answer | Asked in Real Estate Law, Landlord - Tenant, Probate and Small Claims for Michigan on

Q: My mother passed away with no will. As her daughter, am I now responsible for her mobile home?

It is located in a seasonal campground where she paid a monthly lot rent. The trailer was never registered in her name, but she signed a lease in 2012. The owner is taking me to small claims court for the rent and cleanup fees. She says my mother added my name to the rental agreement, but I've... Read more »

Trent Harris answered on Jul 26, 2019

No, you shouldn't be responsible for your mother's debts because you are her heir. And if you didn't sign a lease and never occupied the property, then you shouldn't be responsible for the lease either. If you paid rent for a while, that doesn't necessarily mean you became obligated to continue... Read more »

1 Answer | Asked in Civil Rights, Real Estate Law and Small Claims for Michigan on

Q: In Michigan, if a tennant damages a house, and it is sold as a loss, can they still be taken to court for the damages?

There is a lease to purchase contract stating tennant is responsible for all maintenance and repairs.

Kenneth V Zichi answered on Jul 24, 2019

Without seeing the actual lease AND the inventory/checklist forms and determining if all the documents comply with all applicable Michigan landlord/tenant laws, it is impossible to say what (if anything) a tenant may be responsible for.

IN GENERAL provided you have properly dotted your i's...
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2 Answers | Asked in Contracts and Real Estate Law for Michigan on

Q: Licensed real estate agent question

I am a licensed real estate agent in Michigan, but do not practice as one. I have a friend who lives in California & I viewed several properties he's going to buy, took photos, and retrieved info from the seller for him since we are both local and he isn't. At closing he has proposed the title... Read more »

Bruce Alexander Minnick answered on Jul 22, 2019

Rather than go out on the 'net and do legal research before answering this question I will suggest an alternative that skirts around all the sticky legal issues: Have you friend pay you personally--outside the closing--thereby avoiding a paper trail.

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1 Answer | Asked in Real Estate Law for Michigan on

Q: How can i have a property lien removed?

The lien is not mine and was placed on it 17 years ago by the Department of Justice. I purchased the property 3 years ago through Detroit landbank authority and am trying to sell it. What are my options? Also prospective buyer found the lien through a title search?

Thomas. R. Morris answered on Jul 19, 2019

You need to consult with an attorney who can review the land record and the documentation of the lien. It's not possible to provide an answer to your question without a review of the particulars.

1 Answer | Asked in Real Estate Law for Michigan on

Q: I have a lease agreement with a couple, but it was only in the woman’s name. They got married, but it did not work out

The wife moved out with no forwarding address. The husband still. Lives there, we gave him a 30 day notice and he is still there. He has no lease with his name on it. Is he considered a squatter? He has not paid rent for June or July. Can I legally move in with him since it’s my house and he will... Read more »

Kenneth V Zichi answered on Jul 17, 2019

There is no difference between a 'squatter' and a 'tenant' for eviction purposes. You need to evict him legally. This sounds like it could rapidly spiral into a mess -- for example, yes, he can remove property he installed, but he can't do it in such a way as to commit 'waste' -- if there were... Read more »

2 Answers | Asked in Real Estate Law for Michigan on

Q: Help me under stand property ownership real estate laws. The perpetrators don't give two hoots about my health.

Can someone take over your property and enter, make changes, hookups to property, utilities,electrical

phone, water, heat, drill holes in walls. I am not a criminal I am old but not incompetent. . .even if this was so, my family should be contacted and they should be asked for permission.... Read more »

Kenneth V Zichi answered on Jul 16, 2019

The short answer is if you own the property free and clear and there are no other 'joint' or co-owners, then no -- you are in control of who enters your property.

That said, 'someone' and 'loud generator noises' set off 'alarm bells' -- WHO is 'someone'? Specifics are important! Was a...
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2 Answers | Asked in Real Estate Law for Michigan on

Q: my parents are separating and my stepfather won’t contact or cooperate with listing their home. How can my mom proceed?

He has moved out. She’s trying to list the house because she can’t afford it on her disability alone. He won’t communicate with anyone. She’s trying to move forward with the process to prevent losing the house. Is there a way she can try to make this work? Any help is appreciated.

Thomas. R. Morris answered on Jul 16, 2019

Divorce is the legal process that seems to be the best candidate. There are other legal processes, such as a personal bankruptcy, that might cause the process to move forward as well. Your mother should consult with an attorney.

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1 Answer | Asked in Real Estate Law for Michigan on

Q: An in conflict with realtor who refuses to release me from contract-expires in 1 month-will I owe them if I sell my home

I did file claim of violations of code of ethics with local Board of Realtors about realtor/Broker, who I had asked before for release from contract, not surprisingly dismissed. How long am I under obligation to them? Can I sell my home myself with only hired real estate attorney under... Read more »

Kenneth V Zichi answered on Jul 15, 2019

Simply refusing to release you from the contract terms you agreed to is not a 'violation of the code of ethics', so I would hope you had more than that in your request.

Your listing agreement will define the terms of the contract you agreed to. If the contract expires in one month,...
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1 Answer | Asked in Real Estate Law, Civil Rights, Domestic Violence and Federal Crimes for Michigan on

Q: What to do when you're involved in hate crimes..Racially motivated..Neighbors destroying your property and stealing, etc

Kenneth V Zichi answered on Jul 15, 2019

If you are the victim of ANY crime you should contact the police and make a report.

If you are uncertain as to whether or not the activity is really criminal, or as to other details, then you should contact and hire an attorney BEFORE contacting the police. You may not want to involve the...
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1 Answer | Asked in Real Estate Law for Michigan on

Q: My son and his family moved in now I am evicting them

They moved into a camper on my property but do I have to legally allow them acess to my home since they moved to a camper

Kenneth V Zichi answered on Jul 15, 2019

Without seeing the terms of the 'lease' it is impossible to answer this question.

I'm going to assume there is no written lease, and your 'agreement' is they can live in the trailer. Does the trailer have heat and plumbing? (can they 'flush''?) In other words is it a 'habitable dwelling'?...
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1 Answer | Asked in Real Estate Law for Michigan on

Q: Can 50/50 tenant in common owners each have their own realtor when selling the house? I want my own representation.

I was quit claim deeded 50% of a tenant in common house/land. I am under a zero contact policy,per her request, with the half sister who is the other 50% owner. I do NOT want to deal with her at all when the house is to be put up for sale in March 2020 when my deceased stepfather's girlfriend has... Read more »

Kenneth V Zichi answered on Jul 15, 2019

You CAN hire your own realtor. That makes little sense however, and the 'splitting' of commissions will make it harder to sell for a reasonable sum.

You SHOULD hire your own attorney to represent you and explain the situation. BEFORE you sign a listing agreement (both owners need to sign...
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1 Answer | Asked in Contracts and Real Estate Law for Michigan on

Q: How do I get a co owner off of a land contract that is not contributing financially but refuses to leave the home?

My ex and I are on a land contract together however he refuses to leave, has no job, and does not contribute financially in anyway. I have made all the house payments, utilities are in my name, and I made the initial down payment. Only real claim he has is that I foolishly allowed his name to be... Read more »

Kenneth V Zichi answered on Jun 30, 2019

You say 'your ex' implying there was a divorce?

If so, the divorce judgment should specify who is responsible for what financially and who owns the house.

If you were not actually married things are far more complicated. I would urge you to consult with a local real estate /...
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1 Answer | Asked in Real Estate Law and Landlord - Tenant for Michigan on

Q: I had a lady staying with us rent free (never changed address was supposed to be temporary) we asked her to move out

She moved but left a lot of belongings. I have tried to call and text her no answer. How long do we legally have to hold it? Or do I have to go though a eviction process?

Kenneth V Zichi answered on Jun 25, 2019

TECHNICALLY you would need to evict her to have the right to remove her personal property from your real estate. Whether or not there was a 'formal' lease is not relevant.

PRACTICALLY there may be better answers. (E.g. sending her a bill for storage may be just the ticket to get her...
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