Michigan Recent Legal Answers from Lawyers

If the fence is on your property, you can sue for trespass and nuisance. If it isn't, unless the dog is coming on your property or affecting your property in some way, then you can't. The only way to know with certainty what your rights are is to have a survey done. From there, if the fence is on your property, a lawyer letter to the neighbor should be enough to get them to stop. I can only handle matters in the Washtenaw and the Detroit area.   good luck!... Read More

HOA's can run a surplus. The only limit is the reasonableness of the surpluse, if it is too excessive, a court might order the HOA to either lower its dues or refund back the overage it is keeping. Hard to prove but not impossible, the reasonableness will be seen in light of historical expenditures and the amount of cash being held. If your lien gets large enough and, after warnings, the HOA can foreclose on the property. You can still redeem after the foreclosure but all you will be doing is paying the HOA's lawyers a lot of money to collect from you.... Read More

No matter how many bad things the township does, unless you and your neighbors would have to be able to fund litigation amounting to many tens of thousands of dollars. You would need to get injunctive relief and then, if you get that, then sustain challenges to the relief from both the township and the gravel pit owners. This would be a very big and very expensive fight.... Read More

first I assume you have a lawyer, they got a settlement so must have been doing something right- this is best directed to them. regardless of what the settlement says, settlements are only as good as the people you sign them with. they may have breached because their business has gone down. either way, assuming your lawyer did their job, the Settlement Agreement will have default language.   good luck... Read More

You will need to find a lawyer who specializes in Lemon Law and Autosales. Sending written notice to the dealer that they have sold an unsafe care and that you intend to use the Michigan Consumer Protection act for injunctive relief from the sale also makes sense. Give them a set period of time to make the car roadworthy and offer to deliver the car to the garage of their choice to make repairs. If the car is as bad as you say, they had to know about it.... Read More

This is a question of government immunity and causality. You have prove the road repairs caused the damage, then you have to convince the court that government immunity does not apply. In the past, Michigan courts have allowed a wrongful death case to be upheld for a negligent repair. This is not an easy case to win. Good luck. ... Read More

Typically, acceptance of the agreement binds the parties to complete the sale. The seller warrants they have good title or can give a warranty deed (something the title co. will ensure). But it depends on what the purchase agreement says. You made the good faith deposit. You normally should get it back if the deal failed because the seller could not give good title. That said, with a judge deciding how the proceeds will be divided, in theory, the seller has the authority to complete the transaction and that might (depending on the agreement) allow them to force you to sell.  You liked the house enough to put an offer in on it. If you still want it, you can close on it have good title. Given the title issues, depending on how much time has gone by and the terms, you might be able to walk away and get your money back. Hiring a lawyer at this point is probably a good idea. ... Read More

Much will depend on: if the sellers are collectable and locatable if the contract of sale was as-is or otherwise prevents recovery your litigation budget, this is not a case for a contigency fee while the statute of limitations is 3 years the contract might cut off sooner and getting something filed before the year is out is wise. I litigate in SE Michigan if you are in a different area in the state, I can refer you to someone. Please be in touch if you wish to discuss this further.   good luck!... Read More

All payments made to the Creditor must be accounted for. Failure to do so violates the FDCPA. If you are in need of legal counsel on this, please contact your bankruptcy counsel first or feel free to reach out to me.  Creditors are more flexible in negotiating with counsel. If you do plan on settling, having an amount of cash to start any payoff is very helpful.... Read More