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Michigan Real Estate Legal Questions

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212 legal questions have been posted about real estate 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 easements, commercial leasing, and commercial real estate. All topics and other states can be accessed in the dropdowns below.
Michigan Real Estate Questions & Legal Answers - Page 6
Do you have any Michigan Real Estate questions page 6 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 212 previously answered Michigan Real Estate questions.
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Michigan

Recent Legal Answers

can i get out of a lease early

Answered 8 years and 3 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Probably not, but you might have a lawyer look it over for you. The landlord will have a duty to at least try to re-rent your place, and, if successful, reduce what you owe by what is received from the new tenant. If your place is popular, that will work to your benefit. If there are empty units, you may have a large bill to pay, and might look for a subtenant. Good luck.... Read More
Probably not, but you might have a lawyer look it over for you. The landlord will have a duty to at least try to re-rent your place, and, if... Read More

How do we sue

Answered 8 years and 4 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Talk to a good local lawyer. Ask friends for recommendations. This is so sad. I am so sorry. Good luck.
Talk to a good local lawyer. Ask friends for recommendations. This is so sad. I am so sorry. Good luck.

Husband and wife are on house deed along with his two sons . Wife can stay in house until she dies then house would be divided between the two sons.

Answered 8 years and 6 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You have not given quite enough information. You should take the relevant paperwork (deed, etc.) to a good local attorney. Good luck.
You have not given quite enough information. You should take the relevant paperwork (deed, etc.) to a good local attorney. Good luck.

My tenant went back overseas 2 1/2 months ago. He continues to Western Union rent on time. I stopped at my lake front rental the other day to find 3

Answered 8 years and 6 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
What does your lease say about (1) the occupants (number and whether listed on lease) and (2) care of the property? The lease will determine what you can do. Good luck.
What does your lease say about (1) the occupants (number and whether listed on lease) and (2) care of the property? The lease will determine what you... Read More

What if husband and wife both on house deed. Husband died and wife stays in house till her death then with right of survivership his two sons get

Answered 8 years and 6 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You have not given enough information for a good answer. The best thing would be to take all of your paperwork to a good local lawyer. This should not be a difficult question to have answered. Good luck.
You have not given enough information for a good answer. The best thing would be to take all of your paperwork to a good local lawyer. This should... Read More

Can I purchase my son's cottage using a quick claim deed if I need to get a mortgage and he has a mortgage to pay off?

Answered 8 years and 6 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
First of all, you are referring to what is known as a "Quit Claim Deed," not a quick claim deed. Unfortunately, if you need a mortgage, your mortgage company will dictate a lot about what you will have to do. They probably will not want just a quit claim deed, but the form of deed is not really very important. Check with your mortgage lender. Good luck.... Read More
First of all, you are referring to what is known as a "Quit Claim Deed," not a quick claim deed. Unfortunately, if you need a mortgage, your mortgage... Read More

the neighbor cut down 15 of our trees on our property not theirs without our permission can anything be done about this

Answered 8 years and 8 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Absolutely. the remedy depends on all of the circumstances, but you should definitely consult with a good local lawyer about this. Good luck.
Absolutely. the remedy depends on all of the circumstances, but you should definitely consult with a good local lawyer about this. Good luck.

I have a survey but that last owners lost property in 2010 some one split property I thought u had to have it surveyed first all deeds are wrong

Answered 8 years and 8 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
I'm sorry, but you r question does not include enough facts for a helpful answer. Please try to explain the situation a bit more thoroughly. 
I'm sorry, but you r question does not include enough facts for a helpful answer. Please try to explain the situation a bit more thoroughly. 

Can a person sell a house when there is a letigation going on? Me and my landlord are going to court over deposit and he sold the house. Can he do tha

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Yes, they can. You are not fighting about the house, but just about money. Go at it! Good luck.
Yes, they can. You are not fighting about the house, but just about money. Go at it! Good luck.

Unmarried couple and I want to move out of co-owned house

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Real Estate
Depending upon the technical way in which you own the house together, you may be able to force a sale, which would be best for you. Talk to a good local lawyer. Good luck.
Depending upon the technical way in which you own the house together, you may be able to force a sale, which would be best for you. Talk to a good... Read More

I signed a paper giving my property to my stepson and his wife for $500 dollars and they had it noterized without my consent is there anything i can d

Answered 8 years and 9 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
This is difficult.  The notary should not have notarized it without seeing you sign it so the notarization would be invalid.  That might prevent the deed from being recorded. However, a deed is valid between the parties even if it is not in recordable form.  If you signed the deed to your son, knowing what it was and what its effect was, but then changed your mind, you probably are stuck.  If he tricked you, you may have grounds to challenge the validity of the deed.  That it was not properly notarized may help show trickery. ... Read More
This is difficult.  The notary should not have notarized it without seeing you sign it so the notarization would be invalid.  That might... Read More

In the state of Michigan are the sellers required to disclose an easement?

Answered 8 years and 9 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
It depends.  The seller's disclosure statement, if it applies, asks about easements.  Also, title companies require sellers to sign an affidavit disclosing any unrecorded easements.  And if a buyer asks about an easement, a seller has to disclose what the seller knows.  But bear in mind that recorded easements are disclosed in the title insurance commitment that the buyer receives.  Too often buyers don't look at the commitment or request a copy of the documents disclosed in it.  If this easement was laid out in the commitment, it was disclosed to the buyer, even if the buyer did not bother to read it. ... Read More
It depends.  The seller's disclosure statement, if it applies, asks about easements.  Also, title companies require sellers to sign an... Read More

We are holding a labd contract on a home we own. The buyer is to pay taxes. She is a tear behind in tge taxes. May we for-close in the land contract?

Answered 8 years and 9 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You may foreclose, although I would try forfeiture first.  It is quicker and so less expensive.
You may foreclose, although I would try forfeiture first.  It is quicker and so less expensive.

Should our former management co wants to take a"cleaning fee from our security deposit is that legal??

Answered 8 years and 9 months ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
It is not legal to use the security deposit for routine cleaning, although the lease can provide for a cleaning charge.  To fight them, you have to follow certain steps so you should contact a tenant's attorney or local legal aid.
It is not legal to use the security deposit for routine cleaning, although the lease can provide for a cleaning charge.  To fight them, you have... Read More

Will I be penalized for not purchasing a home if underwriter found second loan on house for 35k?

Answered 8 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
If I understand the facts correctly, you should be able to get your earnest money back, since the seller cannot give you good title for the amount you agreed to pay. Good Luck.
If I understand the facts correctly, you should be able to get your earnest money back, since the seller cannot give you good title for the amount... Read More

I have a ground water issue the seller knew about, is there a time limit to sue for fraud?

Answered 8 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Generally the fraud statute of limitations is 6 years, but you should get to a good local attorney with all of your facts as soon as possible just to be sure. Good luck.
Generally the fraud statute of limitations is 6 years, but you should get to a good local attorney with all of your facts as soon as possible just to... Read More

Changing a quit claim deed

Answered 8 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Your question does not contain sufficient facts for an answer. Was you name taken off after the deed was signed and before it was recorded? That would likely be forgery. If, as I suspect, you are talking about a deed giving propeorty TO you, you would not sign such a deed. I am confused.
Your question does not contain sufficient facts for an answer. Was you name taken off after the deed was signed and before it was recorded? That... Read More

Do I need a real estate atty. to transfer the Deed as next of kin on my deceased son's house. I have the Letter of Authority as Personal Rep..

Answered 8 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
No, but you will need a properly drafted deed. If the property is going to you, look on the internet for a form. If to someone else, have them find a form if you wish. Good luck.
No, but you will need a properly drafted deed. If the property is going to you, look on the internet for a form. If to someone else, have them find a... Read More

I recently bought a home on land contract.2 days later the home caught on fire and burned down to the ground.

Answered 8 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Get what you signed to a good local lawyer right away. Do you have any idea why the house burned? 
Get what you signed to a good local lawyer right away. Do you have any idea why the house burned? 

What documentation do we need to lower an existing land contract principle by $15000, & receive payoff now?

Answered 9 years ago by Randall S. Schipper (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Real Estate
I would do an addendum documenting the reduction in price and reason for it and then have the warranty deed reflect the reduced purchase price.  While a title insurance company may prepare the deed if you are providing an owner's policy of title insurance or title search upon the payoff, you may need an attorney to prepare the addendum ... Read More
I would do an addendum documenting the reduction in price and reason for it and then have the warranty deed reflect the reduced purchase price.... Read More

which law suprceed the city law or hoa bylaws?

Answered 9 years ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
In this case, you needed both city and HOA approval.  City and state law can bar what an HOA might allow but restrictive covenants enforced by an HOA can bar what city and state law allow.  That is why developers put restrictive covenants in place.  Many bar or restrict fences.   Whether the HOA is properly denying you approval of a fence under the terms of the restrictive covenants is a different question. ... Read More
In this case, you needed both city and HOA approval.  City and state law can bar what an HOA might allow but restrictive covenants enforced by... Read More

How do I change my name on my house after my divorce. I went back to my maiden name

Answered 9 years ago by Randall S. Schipper (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
The far bigger issue is the risk in your mom giving you her half interest.  That has potential Medicaid and gift tax implications.  If those issues have been resolved to your satisfaction, your mom and you can execute a warranty deed to you with your current name and noting your former name.  I would use a warranty deed to keep the protection of any title insurance that you may have in place.  ... Read More
The far bigger issue is the risk in your mom giving you her half interest.  That has potential Medicaid and gift tax implications.  If... Read More

can we put someone else on the title of a house.....just like 15%?

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You can, but there may be unforeseen consequences. You should discuss the matter fully with a good local real estate lawyer. Good Luck.
You can, but there may be unforeseen consequences. You should discuss the matter fully with a good local real estate lawyer. Good Luck.

After 4to 5 years leasing my units received violation letter from HOA that I can't lease out my units and my tenant should move out! How it's workin?

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
It seems that, if they have know for years that you are doing this, they may have waived their right to object. You will need a very good local lawyer to fight them. This will not be an easy matter.  Sorry. Good Luck.
It seems that, if they have know for years that you are doing this, they may have waived their right to object. You will need a very good local... Read More

fiance died were lived together 15 yrs, no will but im Dp on life insurances 1 surviving brother he signed a quick claims deed in 09

Answered 9 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Sorry for your loss. You have, however, not provided sufficient information for us to help you in any way. What are your questions? What are ALL of the relevant facts?
Sorry for your loss. You have, however, not provided sufficient information for us to help you in any way. What are your questions? What are ALL of... Read More
Real Estate
Michigan

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