Michigan Real Estate Legal Questions

if he does not give you a deed you can go to court and sue to divide the property issue is that unless you can show a writing showing he agreed to the buyout in writing, you don't have much of a case. that said, he is a tenant in common and that means: if you can raise the money to fix the roof, it comes out of his share at sale. this might force you to sell the property but you can take a lien against him for any repairs and any costs, like taxes, that he is half responsible for- no one gets to own real estate for free- there are costs and maintenance  ... Read More

A good real estate attorney might be able to tell the attorney for the LL that the clause is an unconscionable abridgment of rights and void against public policy as it might permit the LL to unilaterally breach the lease without the tenant having any right to redress. I think it is over-reaching in the extreme; I would not let my client sign it. Since you said "client" in the question, I assume you are the realtor.... Read More

The realtor could not be more wrong. HOAs can and do foreclose on properties all the time. If they do, you can expect to pay ALL the attorney fees AND any amounts due (including penalties, late fees and all related costs). Voluntary? Not really. If you are lucky, all the HOA will do is put a lien on the property that gets paid when the property is sold. If they decide to foreclose, they can and will take the property.  ... Read More

When you gb signed on the purchase agreement and the property was deeded to her and you, she became half owner.   the only way to remove her is by getting her to quit claim her interest to you, she will probably want something for that. you can force the property to be sold to split any proceeds  keep an accounting of what is spent on the home, payments, taxes, repairs etc. when  the property is sold, half of all you spent can be deducted from her share at sale.   that is the extent of what you can do here... Read More

It would take a reading of the deeds and what the divorce decree says to know what will happen here: If you did quit claim the home to him, you had given up your interest to him. Depending on the language of the Warranty Deed, your ex may have done something improper or not.  This is all I can say based on what I know here.... Read More

Great question. The language on the deed is controlling BUT depending on what the PA says, and when it was signed, you might still have a breach of contract issue. What is certain is 15 years after the purchase, by virtue of adverse possession, they would have no claim. A court might see a claim in equity but courts would have to see a great wrong against the other side. You paid them for the property, it was their job to make sure the deed was right. What is certain is that: if you do something that is not permitted in the PA, the seller will either react or let it go. So: be careful.... Read More

It is not clear from this that the mentally ill person destroyed the property? If the property has some value, there is something to litigate. Without that there is no point. The right place to start is a PPO against the person. They need to stay off your property. If they own a home, you can sue and claim a lien against their property. If you property is still standing, keep it insured. Good luck... Read More

You can sue them both for access- the test is reasonableness and neither is being reasonable. The cost of litigating the case for the neighbors would be high. Send them both a letter demanding they give you reasonable clearance or you will be forced to take them to court. Asking them to move their docks 5' is not asking much.... Read More

IT sort of depends, if it is just a tenancy in common, unless the deed specifically requires approval of the otehr joint tenants to deed to assignees or heirs, the quit claim might be valid. If there curretn tenancy does have a right of survivorship to the other JTs, the new deed is invalid.... Read More

Assuming both parties signed, this opinion is based solely on the facts as presented and reliance on this is at your own risk: 1. it appears there is a binding contract 2. the inspection WAS not a contingency of the EMD. 3. I would have to see the agreement but as I read what you posted, the acceptance of another non-contingent offer from another buyer might trigger returning the EMB from Buyer 1. You probably can read the Agreement as meaning you can hold the money until you have another offer on the property. 4. IF the house does not sell or you get no other offers, so long as you in actual good faith do nothing to prevent the sale to any other buyer, at some point, when it is clear the house is not selling, the EMD can probably be deemed forfeited.   Again this is based solely on what has been presented and is not my formal legal opinion and no attorney client relationship is created by this answer. You are encouraged to hire legal counsel on this.... Read More

Assuming your wife is able to knowingly sign the deeds it is no problem. Both of you would have to sign both deeds (assuming both properties are deeded to you both as Husband and Wife. If you have copies of your deeds that makes it go smoother. If you are located in the Detroit Area, I can handle this, please call me at 248 353 5555... Read More

The landlord has constructively evicted you. There is no lease and you have no obligation to stay in an uninhabitable property. You need to send a writing that they have breached the lease and that they are not entitled to rent when the property could not be lived in safely. You can move out and sue for all rent to November when the furnace died. You also can demand the return of 100% of your security deposit. good luck to you... Read More

Lawyers are busy people. I have empathy for the workload every lawyer lives under. That said clients are entitled to be kept up on things. Send a letter to the lawyer asking for a face to face meeting and 2 suggested times. If she does not reply, you will need to hire new counsel if you want the case to go forward. Be careful as, if you drop the case, you might be held liable for the other side's attorney fees. Courts are jammed since COVID and that makes the process slow. My advise, be civil, demand an update in writing and request monthly updates via email going forward. The case ought to be straightforward but with real estate, the devil is in the details. This seems like an easement by prescription case. Lastly, she might be having health issues. All that said, if you want new counsel, the best is to have new counsel substitute in, if you want to abandon the case, it is best to have her do it. If you want to fire her, she has to file a Motion to withdraw no one else can do it for her. I only work in SE michigan if you live outside the region, I might be able to find you new counsel or you can go to the State Bar's lawyer referal service at 800 968 0738 Best of luck to you Gil Borman 2483535555... Read More

She is not a tenant and never was on the lease. That said, follow the law and spare yourself real headaches. Your cousin has to send HER a notice to quit, she is a tenant at sufferance. If she then refuses to move out, then you have to evict her in court. You will be seeking a Judgment of Possession only. There is no defense she has to the action if there is no lease.   good luck... Read More