Michigan Real Estate Legal Questions

Want a good answer? Ask a thorough question starting with "Who, What, When, How, Will I or Do I".
Then, add details. This will help you get a quicker and better answer.
Question field is required
Explanation field is required
A valid US zip code is required Validating the Zip Code.
Question type field is required
Question type field is required
1
Ask a Question

2
Details

3
Submit
1
Ask a Question

2
Submit
Fullname is required
A valid email address is required.
Receive a follow-up from lawyers after your question is answered
A valid phone number is required
Select the best time for you to receive a follow-up call from a lawyer after your question is answered. (Required field)
to
Invalid Time

*Required fields

Question
Description
By submitting your question, you understand and agree to the Terms and Conditions and Privacy Policy for use of the site. Do not include any personal information including name, email or other identifying details in your question or question details. An attorney-client relationship is not being established and you are not a prospective client of any attorney who responds to your question. No question, answer, or discussion of any kind facilitated on this site is confidential or legal advice. Questions answered are randomly selected based on general consumer interest and not all are addressed. Questions may display online and be archived by Martindale-Hubbell.
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 8
Do you have any Michigan Real Estate questions page 8 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.

Recent Legal Answers

If two people have property and tbeir legal descriptions overlap, howhard is it to prove possesion

Answered 9 years and 6 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You need to get to a good local real estate lawyer. Perhaps you should get a title search first from a good local title insurance company. These issues can be very complicated. A lot will depend upon how the overlapping property has been used and for how long. Good Luck.
You need to get to a good local real estate lawyer. Perhaps you should get a title search first from a good local title insurance company. These... Read More

Inherited land

Answered 9 years and 6 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
The county was correct to uncap the taxable value. Sorry.
The county was correct to uncap the taxable value. Sorry.

Do i have a case for adverse possession?

Answered 9 years and 6 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Yes, he can legally do this. Sorry
Yes, he can legally do this. Sorry

Mold issue

Answered 9 years and 7 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Sorry, but I don't think you have much of a case unless you can somehow prove that they KNEW about the mold and purposely did nothing and told you nothing about it. That will be very hard to prove, and is unlikely to be true unless they are REALLY terrible people. They probably just missed it, and you are suffering. Sorry about that, but at least you now know the reasons for the problems and can get them fixed. Be happy about that. Good Luck.... Read More
Sorry, but I don't think you have much of a case unless you can somehow prove that they KNEW about the mold and purposely did nothing and told you... Read More

can i negate sale of part of real estate trust

Answered 9 years and 8 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
What do the documents say? What was agreed to orally? What do you hope to force your brother and his wife to do? Discuss these things with a good local lawyer. Keep in mind that you agreed that his share would go to his wife, so why is it a big deal to have her invoved at this point? This sort of fight is expensive, not only financially, but also emotionally. Don't fight if you can avoid it.... Read More
What do the documents say? What was agreed to orally? What do you hope to force your brother and his wife to do? Discuss these things with a good... Read More

POSSION GRANTEED

Answered 9 years and 8 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
They have no right to stay, but, in order to get them out, you will need an eviction order from the local District Court, and, in order to get that without violating Federal Law, you will have to go to the Bankruptcy Court to get permission. Is this fair to you? NO, but it is how it works. Sorry. Good Luck.... Read More
They have no right to stay, but, in order to get them out, you will need an eviction order from the local District Court, and, in order to get that... Read More
Obviously, you need someone competent to get to the bottom of your current problems, but, I am afraid that you are not very likely to find anyone liable for any damage. Inspectors generally do a very good job, but they are not usually held liable for things they miss (and the paperwork you probably signed when you hired them probably says this very clearly). Sorry, but unless you can somehow prove that someone (like the seller) actually knew about the problem you are experiencing and failed to let you know, you are likely to be without a remedy. Good Luck. I hope the fix is not too expensive.... Read More
Obviously, you need someone competent to get to the bottom of your current problems, but, I am afraid that you are not very likely to find anyone... Read More

Our home is going to auction. We don't want to lose our property. We are closing out an IRA because we want to get it back. Can we do this?

Answered 9 years and 9 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Yes, but be very careful. I would suggest going to a good local lawyer first and explaining all of the facts so that you know that what you are doing is necessary and will be successful. Good Luck.
Yes, but be very careful. I would suggest going to a good local lawyer first and explaining all of the facts so that you know that what you are doing... Read More
You need to have the document and the factual history reviewed by a good local lawyer ASAP. Good Luck.
You need to have the document and the factual history reviewed by a good local lawyer ASAP. Good Luck.
It depends upon what the sales agreement says. Did you only "initial" the agreement rather than signing it? Get the Agreement to a lawyer right away who might be able to help you find a way out. Good Luck.
It depends upon what the sales agreement says. Did you only "initial" the agreement rather than signing it? Get the Agreement to a lawyer right... Read More

How to deed over property to family member

Answered 9 years and 10 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Yes, but there are other issues to consider. I would suggest talking to a lawyer about the history and potential future of the property. You may decide to do something different. There are also potential tax issues. Good Luck
Yes, but there are other issues to consider. I would suggest talking to a lawyer about the history and potential future of the property. You may... Read More
You have not said whether you are the buyer or the seller. In either case, you would be breaching the contract and would owe the other side either performance or damages. If you are the seller, the buyer could force you to sell. If you are the buyer, the seller could sue you for damages, which would be the loss he or she suffers from a delay in selling and potentially a smaller price. You would be risking a lot. You might want to ask what it would take to get them to let you out and be willing to pay a not insignificant sum. Good Luck.... Read More
You have not said whether you are the buyer or the seller. In either case, you would be breaching the contract and would owe the other side either... Read More

my uncle owns the family home.

Answered 9 years and 11 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
He gets to leave it to whomever he wishes to leave it to. If he wants to leave it to the state, how do you propose to get it? If you can convince him to give it to you, then go to a good local lawyer to thave the necessary papers prepared. Good Luck.
He gets to leave it to whomever he wishes to leave it to. If he wants to leave it to the state, how do you propose to get it? If you can convince him... Read More

What happens when information is falsified on a purchase agreement?

Answered 10 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
These are very tough cases, because the seller will take the position that you did not fely on them, but rather on the inspection (hopefully) done by your chosen inspector. The question often is how "findable" was the problem and how significant was the misrepresentation. Talk with a good local lawyer, but be prepared to simply move on. Good luck.... Read More
These are very tough cases, because the seller will take the position that you did not fely on them, but rather on the inspection (hopefully) done by... Read More

Utility personnel

Answered 10 years ago by Harry Steven Ellman (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Real Estate
A copy of the plat map and a staked survey would be helpful
A copy of the plat map and a staked survey would be helpful

Wholesale forms

Answered 10 years ago by Harry Steven Ellman (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
You will need an Assignment of Purchase Agreement.     
You will need an Assignment of Purchase Agreement.     

How can I find my lot Line on my property?

Answered 10 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
To be sure, you can hire a surveyor. You can also try looking at the legal description of your lot. Is it in a subdivision? Sometimes. you can find a somewhat interactive map from your county that might show the lot lines superimposed on an earth view. Good Luck.
To be sure, you can hire a surveyor. You can also try looking at the legal description of your lot. Is it in a subdivision? Sometimes. you can find a... Read More
I would put the payments into a separate bank account and tell them you are doing so. When they sue, tell the court what has happened. You may not win, but I think this would be your best bet. Good Luck.
I would put the payments into a separate bank account and tell them you are doing so. When they sue, tell the court what has happened. You may not... Read More

Am I responsible for paying for home improvements at closing as I did not ask for the work to be done.

Answered 10 years ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Were you working and providing the money for food, clothing, and shelter during this time? If so, it seems he would have a very weak case. However, this sort of thing needs to be worked out between you, or with mediation, in order to avoid a court fight. Good Luck.
Were you working and providing the money for food, clothing, and shelter during this time? If so, it seems he would have a very weak case. However,... Read More
My guess is that you have suffered what many folks who do not fully understand the current state of Michigan Property Taxation suffer. About 30 years ago a law was passed to keep elderly folks from being taxed out of their homes. The effect of it is that, IF THE PROPERTY INCREASES IN VALUE OVER TIME, the longer one owns property, the lower the taxes are relative to the value of the property. However, when the property is sold, the taxes are "uncapped" and return to the amount they "should" be for the value of the property. In my opinion, you should have been advised of this by any realtor involved, but that rarely happens. Sorry. You probably have nothing to appeal on the property tax, but, if you think you do, take your facts to a good local lawyer. Good Luck.... Read More
My guess is that you have suffered what many folks who do not fully understand the current state of Michigan Property Taxation suffer. About 30 years... Read More

Rejection by a Home Owners Association

Answered 10 years and a month ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Condo Associations are notoriously powerful and unreasonable. You just have to deal with them if you wish to live in such a neighborhood. Sorry. Good Luck.
Condo Associations are notoriously powerful and unreasonable. You just have to deal with them if you wish to live in such a neighborhood. Sorry. Good... Read More

Can the seller legally require that he/she is paid with a conventional loan and not an FHA loan?

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Is there something about an FHA loan that would make it worse for the seller? If so, it would depend upon how the contract was worded. Perhaps you need to take your specific facts to a good local lawyer. Good Luck.
Is there something about an FHA loan that would make it worse for the seller? If so, it would depend upon how the contract was worded. Perhaps you... Read More

Are sandwich lease options legal in Michigan?

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
I have never heard of it, and I would certainly find it unusual (I don't see how two renters can rent the same place at the same time), but, if everything is out in the open and clear, I guess the first one to exercise the option would get the home. Rentals with options to buy are certainly legal. Good Luck.... Read More
I have never heard of it, and I would certainly find it unusual (I don't see how two renters can rent the same place at the same time), but, if... Read More

I am suing my prior tenants for damages and 1 month rent! They are counter suing for same 5,500 saying they did not get an itemized list

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
Your situation is not clear. How can you not know what the damages were, even if the "list" is gone? Surely you can figure out or remember or find the records of payments made for the damages. How hard can that be? If you can reconstruct it, that should be sufficient. Maybe there are more complications that I cannot see. Perhaps you should consult with a good local lawyer. Good Luck.... Read More
Your situation is not clear. How can you not know what the damages were, even if the "list" is gone? Surely you can figure out or remember or find... Read More

I am suing my previous tenants for damages. I own a maintenance comp, can I use my comp receipts for the repair costs Im suing for?

Answered 10 years and 2 months ago by David J. Hutchinson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Real Estate
It should be fine. Very good that you got and used the outside quotes. Good Luck.
It should be fine. Very good that you got and used the outside quotes. Good Luck.