Michigan Breach Of Contract Legal Questions

The lawyer either already has, or is trying to, have the Default set aside. If this happens, the case will then be decided on the facts and your default will not matter. Whether or not the defalt has been set aside, you should speak with a lawyer now to be in the best position to win your case.... Read More

If a judgment is entered against you and you can't pay, the creditor will begin collection procedures, i.e. garnish your wages, have your property auctioned off, etc.  You didn't ask, but I can't help but chime in that you do not owe the daughter anything; you owe your friend's estate, and only a representative of the estate (executor or administrator) can properly sue you for it.  This will probably require a beneficiary of the estate to start a court proceeding to get the court to authorize him or her to act for the estate. It may be that the daughter is the sole beneficiary, but it may also be that your friend had creditors who would be paid first from the estate and/or other beneficiaries who are entitled to their share of the money, or the daughter may not even be a beneficiary at all.  In any of these cases, paying the daughter will not satisfy your obligation to the estate. ... Read More

If I understand you correctly, you believe that your former attorney's malpractice resulted in you sustaining damages when the offer was withdrawn in July, 2010, almost 7 years ago.  I am not a Michigan attorney, but in New York the statute of limitations would (absent special circumstances which are not apparent from your email) have run out years ago. and I believe this would be the case in Michigan as well.... Read More

If you recorded your interest, your rights are superior to the mortgagee, because it was on notice of your interest when it made the mortgage loan.  If you didn't record it, but your contract with the seller prohibits him/her from mortgaging the property or granting any interest superior to yours, you can sue the seller for any damages caused by the breach, or to rescind the sales contract.  Either way, depending circumstances you haven't gone into, you may be able to recover your down payment and payments made.... Read More

If the lease provides that you have to pay November rent, you do.  You contracted to pay rent, and your landlord contracted to allow you to use the space, through 11/15.  If you reach an agreement with the landlord to vacate early in exchange for not having to pay the last two weeks' rent, great, but otherwise the landlord is not obligated to terminate the contract just because you want to.  You are obligated to pay what you agreed to in the lease contract.... Read More

The short answer is that if the salesman made a material misrepresentation of fact on which you relied in entering into the contract, it could be nullified based on fraudulent inducement (although it is likely that the contract you signed says something like that the writing constitutes the entire agreement between the parties, and you acknowledge that you didn't rely on any oral representations in entering into the contract.)  However, I don't see any fraud in what you described.  Buying the car in your name made you responsible for paying for it - that's the only reason the dealership sold the car, since apparently the dealership was not satisfied with your friend's signature.  It's your friend who has damaged you by not making the payments she agreed to make, not the dealership.  You can sue her for any amount you have to pay the dealership. However, you are correct that the dealership should not be able to recover the full price of the car from you.  The amount the dealership received for the car on resale (less expenses connected with the sale such as the expense of repossessing it) should be deducted from the amount you owe.... Read More

I can't speak to Michigan law specifically, but the general rule in the US is that, absent a contractual provision or statute authorizing an award of attorneys' fees to the prevailing party, each party pays its own.  You say there was no contractual provision, and you do not seem to allege a claim under any statute which authorizes the recovery of attorneys' fees, so it does not seem as if you can recover them.... Read More

You may be able to invalidate the contract, or, even if the contract is enforced, setoff the amount you had to pay the vet, if her failure to disclose that the dog might be sick is considered to be fraudulent.  There are at least two questions.  First, did she have any obligation to tell you that the dog might be sick?  As a general matter, while people cannot lie to induce others to contract with them, they are not required to affirmatively disclose all facts about the matter unless they are fiduciaries (persons in a position of particular trust, such as trustees, lawyers, spouses, etc.)  If you asked about the dog's health, and she lied to you, and you relied on her lie in deciding to purchase the dog, your claim of fraudulent inducement would be much stronger than if the told you nothing about the dog's health and you never asked.  The second question is whether the dog's illness was a material fact, i.e. one which the ordinary person would consider important in making the decision about whether to purchase the dog or not. ... Read More

A party to an agreement can't just "back out" because he wants to.  If you had an agreement (in most cases it can be oral) you can sue to enforce it and/or to collect damages for its breach.  Also, in some cases, you may be able to collect for damages you suffered due to your reasonable and detrimental reliance on your "partner's" representation (i.e. you entered into a lease based on your reliance n his/her promise to go into business) even if you can't prove an enforceable agreement.... Read More

Although I am not familiar with Michigan law, it doesn't sound likely to me that a creditor would only have 21 days to collect on a judgment.  In NY, for example, a judgment creditor can collect on the judgment for 20 years.  If you mean that the judgment requires the judgment debtor to pay a certain sum within 21 days, it is the the judgment debtor's obligation to make the required payment within that time period (although the creditor may often be willing to wait a few extra days), and if the judgment debtor does not comply, the judgment creditor can institute collection procedures against the judgment debtor.... Read More