Michigan Contracts Legal Questions

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20 legal questions have been posted about contracts by real users in Michigan. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include breach of contract. All topics and other states can be accessed in the dropdowns below.
Michigan Contracts Questions & Legal Answers
Do you have any Michigan Contracts questions and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 20 previously answered Michigan Contracts questions.

Recent Legal Answers

Fraud is a basis upon which a party to a contract can sue for recission of a contract. You would have to prove that a material misrepresentation was made, that you relied on that to your detriment and that you suffered damages as a result of that reliance. 
Fraud is a basis upon which a party to a contract can sue for recission of a contract. You would have to prove that a material misrepresentation was... Read More
The AG or Labor Dept. would have no involvement with this issue. You would need to file a breach of contract lawsuit in the Circuit Court where your employer is located or does business. You would want to consult with an experienced litigation lawyer to discuss moving forward with a lawsuit. Feel free to contact my office if you would like to discuss this situation.... Read More
The AG or Labor Dept. would have no involvement with this issue. You would need to file a breach of contract lawsuit in the Circuit Court where your... Read More
Depending on where the Court case stands, they are either seeking to recover the $14,000, plus costs, interest, and attorneys fees, or they may have already obtained a default judgment against you, which means that the case may already be over with. I would encourage you to contact the Court today and ask them what the status of the case is. Once you have that information, you should contact an experienced landlord-tenant attorney to discuss what options you may have.... Read More
Depending on where the Court case stands, they are either seeking to recover the $14,000, plus costs, interest, and attorneys fees, or they may have... Read More

looking for unlawful termination lawyer/attorney

Answered a year and 11 months ago by attorney J. Allen Fiorletta   |   1 Answer
You may have a claim for wrongful termination based upon the facts as you have described them. I would be happy to discuss your situation with you in order to get additional information.
You may have a claim for wrongful termination based upon the facts as you have described them. I would be happy to discuss your situation with you in... Read More
I would be happy to have a phone conversation with you to discuss this situation. The lack of an effective date would not likely void the contact as a whole, but it could have an imact on its enforceability.
I would be happy to have a phone conversation with you to discuss this situation. The lack of an effective date would not likely void the contact as... Read More

landscaping contract

Answered 2 years and 4 months ago by attorney Gilbert Borman   |   1 Answer
Send a writing to the contractor: he either confirms the contract in writing or refunds your money. If he does not reply, sue him in the district court where his business is located.
Send a writing to the contractor: he either confirms the contract in writing or refunds your money. If he does not reply, sue him in the district... Read More

Contractor/ Client

Answered 2 years and 4 months ago by attorney Gilbert Borman   |   1 Answer
Send the client a timeline of what happened: on this day you said this on this day it was that our contract provides xyz we are demanding payment or we will go to court. ulitmately, you can file a mechanics lien for the work you did (be detailed)   good luck
Send the client a timeline of what happened: on this day you said this on this day it was that our contract provides xyz we are demanding payment or... Read More

Warrenty

Answered 3 years and 4 months ago by attorney Gilbert Borman   |   1 Answer
First, a lawyer could send them a letter ($500) to advise them to fix it or get sued for breach of contract. Second, you may have a statute of limitations (if they promised to come and didn't, we can get around that). The exact terms of the warranty will need to be analyzed. You will need to consult with an employment lawyer, you should call us or the State Bar of Michigan's lawyer referal service: 800-965-0738.... Read More
First, a lawyer could send them a letter ($500) to advise them to fix it or get sued for breach of contract. Second, you may have a statute of... Read More

roof contractor

Answered 3 years and 7 months ago by attorney Gilbert Borman   |   1 Answer
The contract is valid if you signed it. The other owner might have to reimburse you if you paid for it personally. So save the receipt! With regard to the repair. You need to counterclaim for the cost to correct the improper fix and demanding the balance of the contract be held pending the hiring of a competent roofer to fix their mistake. You might need a lawyer for this.... Read More
The contract is valid if you signed it. The other owner might have to reimburse you if you paid for it personally. So save the receipt! With regard... Read More

Can I sue in small claims court in Michigan

Answered 5 years and 8 months ago by attorney J. Allen Fiorletta   |   1 Answer
The maximum that you can recover in small claims court is $6,000.00. To recover more you would need to file your case in the general civil divsion of the district court.
The maximum that you can recover in small claims court is $6,000.00. To recover more you would need to file your case in the general civil divsion of... Read More
I assume that the obligation to pay excess wear and tear is set forth in your contract.  Assuming that (a) there is no time set forth in the contract for the car company to demand payment; and (b) that the car company has never expressly waived the right to collect excess wear and tear, i.e. by telling you that you didn't have to pay it or that nothign was owed, the question is whether the car co. has waived its contractual right to charge you for excess wear and tear by delaying 4.5 months to make its demand.  There is no set time for a waiver to occur by silence, rather it depends on the circumstances of each case, I think it very unlikely that a court would find that the car co. waived it's right by delaying 4.5 months., it's just not a very long period of time.... Read More
I assume that the obligation to pay excess wear and tear is set forth in your contract.  Assuming that (a) there is no time set forth in the... Read More
You need an entertainment lawyer!
You need an entertainment lawyer!
No.  This is what is known as a scrivener's error, like a typo.  It does not affect the substance of the contract.  However, you can't be auto-renewed without your consent (I suspect, however, that the auto-renewal provision was in the contract you signed, which means that you agreed to it) and in some states (I don't know about Michigan) such an auto-renewal feature is unenforceable in these types of contracts.... Read More
No.  This is what is known as a scrivener's error, like a typo.  It does not affect the substance of the contract.  However, you can't... Read More
If I agree to pay you $1000 for your services in renovating my house, both you and I are receiving direct benefits from the agreement.  Your neighbor may be receiving indirect benefits, because his property value goes up when your house is renovated.  Although your neighbor is receiving indirect benefits, he is not sufficiently close to the situation to be considered a 3d party beneficiary of the contract, and thus cannot enforce it or sue for damages for its breach.   If I hire you to fix my child's teeth for $1,000, I may not get any direct benefit from the contract, but nevertheless can sue to enforce it or for damages for its breach, because I'm a party to the contract.  In that case, my child probably is sufficiently close to the contract (as he is getting a direct benefit) to be considered a third party beneficiary, and thus can also sue to enforce the contract and/or for damages for its breach. Probably more than you ever wanted to know. ... Read More
If I agree to pay you $1000 for your services in renovating my house, both you and I are receiving direct benefits from the agreement.  Your... Read More

MI title of ownership

Answered 10 years and 10 months ago by attorney Bruce Robins   |   1 Answer
First, I don't see how title can be held by "Mr. or Mrs."; title has to be certain.  And no, if an asset is owned by two parties, both parties would have to agree to refinance it (which involves granting a security interest in the asset), unless one party has somehow authorized the other to act for them. ... Read More
First, I don't see how title can be held by "Mr. or Mrs."; title has to be certain.  And no, if an asset is owned by two parties, both parties... Read More

in business lease protected to confidentiality on its content.

Answered 11 years and 6 months ago by attorney Bruce Robins   |   1 Answer
The confidentiality of some informatin is protected by statute.  For example, HIPAA protects the confidentiality of information related to medical conditions and treatment.  In most cases, however, if you want a third party with which you have shared information not to share that information with anyone else, you have to provide for that in a contract.  Absent a non-disclosure clause or similar provision in your lease, I don't believe that the landlord was under any legal obligation not to share it with others.... Read More
The confidentiality of some informatin is protected by statute.  For example, HIPAA protects the confidentiality of information related to... Read More
Your roommate is still obligated on the lease.  You can't escape contractual obligations just by walking away.  You are liable to the landlord, but she is liable to you for half the rent, and you can sue her for it.  You may have an obligation to minimize your damages by getting a new roommate to share rent, but if you can't, or if you can only get a roommate to pay less than half, your ex-roommate is liable to you for whatever damages you suffer.  BTW, there is no reason that someone can't rent a dozen places at a time.  Many people  have apartments in more than one location.  Many businesses  have more than one office, retail space, or warehouses.... Read More
Your roommate is still obligated on the lease.  You can't escape contractual obligations just by walking away.  You are liable to the... Read More
The one thing you do not have is a lawsuit. If you were not terminated properly, you must initiate a grievance procedure with your union. The union will decide whether or not to pursue it. However, you cannot sue because your union contract generally provides the exclusive means of resolving disputes over termination.... Read More
The one thing you do not have is a lawsuit. If you were not terminated properly, you must initiate a grievance procedure with your union. The union... Read More

Oral agreement

Answered 13 years and 4 months ago by attorney Hilary B. Miller   |   1 Answer
Yes, certainly. But you have bigger issues than the statute of limitations -- you have to be neighbors with these folks in perpetuity. What's the right answer?
Yes, certainly. But you have bigger issues than the statute of limitations -- you have to be neighbors with these folks in perpetuity. What's the... Read More
You have not given enough facts in your question to be able to give a definitive answer. I assume you are an employee of the US company and that this is an employment issue (since you said you were "fired"). Whoever has greed cards or passports is irrelevant. If the computer is not your computer, in other words if it is a company computer, the employer may have a right to "break" your password or otherwise access what is stored in your computer. Most companies have policies that make it explicit that employees have no right to privacy in company owned equipment, like computers. Check your personnel manual or employee handbook, if there is one. I would be surprised if you have a claim against the employer for hacking into a company owned computer, but different facts might make a difference in the opinion. This answer is not intended to create an attorney/client relationship and is not intended as legal advice. It is simply a general statement of legal principles. You should retain local counsel to review your specific situation in more detail and obtain an informed legal opinion.... Read More
You have not given enough facts in your question to be able to give a definitive answer. I assume you are an employee of the US company and that this... Read More