Real Estate Legal Questions

Typically, acceptance of the agreement binds the parties to complete the sale. The seller warrants they have good title or can give a warranty deed (something the title co. will ensure). But it depends on what the purchase agreement says. You made the good faith deposit. You normally should get it back if the deal failed because the seller could not give good title. That said, with a judge deciding how the proceeds will be divided, in theory, the seller has the authority to complete the transaction and that might (depending on the agreement) allow them to force you to sell.  You liked the house enough to put an offer in on it. If you still want it, you can close on it have good title. Given the title issues, depending on how much time has gone by and the terms, you might be able to walk away and get your money back. Hiring a lawyer at this point is probably a good idea. ... Read More

Much will depend on: if the sellers are collectable and locatable if the contract of sale was as-is or otherwise prevents recovery your litigation budget, this is not a case for a contigency fee while the statute of limitations is 3 years the contract might cut off sooner and getting something filed before the year is out is wise. I litigate in SE Michigan if you are in a different area in the state, I can refer you to someone. Please be in touch if you wish to discuss this further.   good luck!... Read More

This sounds like a law school exam question. The deeds between the properties would be controlling. As for the overages, what are they and how were they deeded. Yes Michigan is race-notice but adverse possession might apply if the original owner allowed his property to be used without taking action. You will need a real estate attorney to address this issue.  Feel free to be in contact if I can be of service.... Read More

If two (2) owners to a piece of property cannot agree on whether to sell it or keep it, then one party can force the other party to sell it by filing a partition action in court. One possible solution to avoid selling it is to allow one party to reside in it, and to refinance the mortgage in his/her name, and buy out the other party that is not going to live there. ... Read More

it would help if you have a written lease as without it your rights are short-term at best. The mom's shutting off the water is unlawful and she can be sued for damages. A claim of constructive eviction. Tortious interference with your right to be in the property. A claim for trespass might also be allowed. You will need legal help on this, I highly recommend you get a lawyer.... Read More

In part, this depends on whether the listing agreement is "open" or "exclusive."  In the current real estate market, "open" listing agreements are quite common.  Under such an agreement, the agent/broker only earns a commission if and when they procure a seller.  In the past, "exclusive" listing agreements were more common.  Under such an agreement, the agent/broker earns a commission if a contract to buy the property is signed during the agreed exclusive listing period.Note that a listing agreement must be signed by both parties, not just by the seller.  You might ask whether the broker has signed the listing agreement yet and, if so, will the broker send you a fully signed copy.  Without a listing date and price, I would expect the answer to be "No" because they are waiting on you to provide the listing price.  That would signal that there is no meeting of the minds on a material term of the listing agreement, i.e. price.  This is a reasonable conclusion because the broker might not be willing to pay the MLS fee to list the property if your proposed price is too high.  If it plays out that way, you can most likely rescind your acceptance of the listing agreement you signed, but which has not yet been signed by the broker, and tell him you do not wish to proceed with listing the property at this time.... Read More

there are a few ways to resolve this- record a renunciation of interest in the property(s). have dad record a quit claim removes you from title (you will have to co-execute the deeds). Also, if your dad gives you a hold harmless, so long as the damages form the suit are less than the property, he has to make good on any losses to you from the suit. any competent lawyer can help you get this done. good luck to you and let me know if I can be of help... Read More

Unless the original contract provides for a storage or rental fee for the use of your land, you have no right. What you do have a right to do is to send them a registered letter to come pick up their tank in 30 days and, if they do not call to schedule a pickup or fail to pickup if they set a pickup date, then you can haul it away for scrap. ... Read More

Based on your question, a survey should not be neccessary.  This should have all been takend cae of if the matter was properly probated.  However if this was 23 years ago, this may be a more complex issue.  You will likely need a lawyer. Please feel free to contact us 203.870.6700.... Read More

Hello, If the property was purchased during the marriage with community funds, then even if your name is not on the paperwork, you have a legal interest in the property. Therefore, your husband should not be able to sell the property without your approval. However, if the property was purchased during the marriage but with your husband's separate funds (such as from an inheritance or selling a home he owned prior to your marriage) then you would likely not have any interest in the property unless you contributed to payments or payments were made during the marriage with community property (such as his or your earnings from your jobs). If he is insistent on selling the property, you may be able to file for a declaratory judgment having the Court declare that you and he have a community interest in the property. Of course, suing your spouse is often not a sign of a happy and healthy marriage. An attorney can help you determine what legal rights you have based on the specific facts of the property's purchase and the documentation but additional details would certainly be required. Sincerely, James M. Ringel... Read More

this is a major mistake in drafting. you need to either get a quit claim from the incorrect person on that deed or file an action for quiet title on the property. also, since the person whose name is one the incorrect deed can sell the property without your say-so, recording a Claim of Interest to prevent transfer of the property to any third party is highly advisable. You definitely need to retain a real estate attorney for this matter. If I can be of service, feel free to be in touch.... Read More

If you don't have a buyer, hire a broker and list the property for sale. As long as the lady bird deed was recorded, you should not need to go to probate. Since the brothers are both old, it might be wise having them sign a durable power of attorney so the sale can be completed if something happens,.... Read More

the buyer might be able to sue for specific performance and you might have to sue to rescind the agreement but your first step is to tell the buyer the price for your signature on the contract is an increase in the price to cover clearing. note, depending on the land, the timber might be worth something so you might want to be sure that, if you clear it, those proceeds are yours. you are probably best served having a lawyer write the letter demanding rescision or increase  good luck... Read More

Technically, when you did not pay per the Land Contract Agreement, you were in Default. The Agreement determines what the remedies are on the sale. You might be well served getting legal help- interpreting the agreement and seeing if the seller breached the agreement first. If you are confident enough, negotiate, send a counter-proposal to the seller say for one year with a $5000 balloon.  Sometimes, when it comes from a lawyer it sounds better.... Read More

The general rule of law is that a property owner may not use his or her property in a manner that damages a neighbor's property.  You may have a claim for monetary damages due to your neighbor's negligent discharge of her pool water if it caused damage to the wall or your landscaping.  Your damages would also include any construction costs reasonably necessary to shore up the retaining wall or repair the retaining wall if it is on your property.  Your neighbor may also be in breach of the CC&Rs if any.  You should consider reaching out to the HOA property manager to discuss your complaint to to have a clear understanding of which party or parties have the reponsibility to maintain the retaining wall.  The HOA may issue an order to your neighbor to stop draining the pool onto your property.   As a worst case sceario, if the wall is on your property and you have the  maintence responsibility for that wall and you believe your neighbor's actions and damage will continue, you could seek a restaining order. ... Read More

Bullets are a clear threat to your safety. You have an action for damages for trespass and nuisance and even statutory damage to property. You definitely need legal counsel. If you are in the Southeast Michigan area, I could represent you or, otherwise I can try and find a good real estate attorney for you. Collect any bullets that have hit your propery, they are evidence. Call the police too, advise that gunfire is hitting your home. Send a letter to the other landowner and advise them to cease and desist immediately.    ... Read More

You need to analyze the bylaws. Then get proxies for the majority of the owners. Demand a meeting under the bylaws and then hold the meeting and vote out the current board. You might need legal counsel to do this but definitely make sure you have the majority of the residents before you act. You can also do a petition as a first step, if the board sees a majority against them, they might become responsive.... Read More

you are going to need to consult legal counsel to assert your rights. you need to have the probate estate appoint a personal rep to deal with this. it looks like the probate estate is closed, and you just want to walk away you can but I suspect there is some money there and you should not just throw it away. I do not not do the probate part of these situations.... Read More