Michigan Residential Real Estate Legal Questions

Interesting legal issue: can the USPS mail delivery people ignore a "no trespassing" sign? there is a presumption that people want their mail delivered and, if they don't they can ask the USPS to hold their mail. more importantly, unless you can show the USPS caused ACTUAL damage to your property, you have no damages. USPS will argue that putting your packages close to the residence is a benefit as there is a lesser chance a package gets pilfered. could you sue for injunctive relief? yes, but again, since you cannot claim damages, no attorney, including this one, will take the case unless they are paid on an hourly basis, estimated fees could be $5-10,000 before the case is over.    Good luck.  ... Read More

you cannot stop someone from suing but you can defend yourself: 1. Give her a Notice to Quit. Tell her she has no lease and must move out or be evicted. 2. Unless she has a vet bill showing her dog was injured, she has no provable damages- your defense is simple: where are the photos of the supposed injury? How can she show that her dog did not attack first (without video, she has NOTHING)?   Good luck.  ... Read More

You may well have a claim for fraud against the selling agent and broker as well as the selling. Did you have have your own realtor? Was the selling agent representing you? Thare are a lot of questions but, if you bought the home 'as is' you might not have a case especially if you waived inspection. A closer look at your closing packet will reveal if you have a case. I can be reached at 248 353 5555 and g b at borman dot net.... Read More

The fact that they moved the camera to be able to see into your house is deeply troubling. Have you documented this with police reports or any notices? Is the neighbor a renter or owner? While they have an absolute right to film anything affecting their home, NOTHING gives them the right to spy on you. Either way, an action for trespass or nuisance could be made against them but the police are the first line of defense in dealing with this. please answer the questions above so we can see the next steps forward.  ... Read More

You should hire an attorney to begin collections against non-paying members. In extreme cases, you can even foreclose on the property. It begins with sending proper notices. In most cases the HOA Agreement provides for the homeowner to have to pay the legal fees of the HOA in collecting or foreclosing on the property. If you are located in SE Michigan, feel free to be in touch. 248-353-5555... Read More

HOA's can run a surplus. The only limit is the reasonableness of the surpluse, if it is too excessive, a court might order the HOA to either lower its dues or refund back the overage it is keeping. Hard to prove but not impossible, the reasonableness will be seen in light of historical expenditures and the amount of cash being held. If your lien gets large enough and, after warnings, the HOA can foreclose on the property. You can still redeem after the foreclosure but all you will be doing is paying the HOA's lawyers a lot of money to collect from you.... Read More

The right to be able to do this depends on what the deeds and any Association documents say. Your group will want to have a real estate attorney (like me!) look at the relevant documents and advise your group if you have the legal ability to get an injunction enjoining the developer from doing this. The fact the current owners purchased their homes with the 55+ limit is key to asserting your rights here. I doubt you can succeed without legal counsel. Good luck to you and please be in touch if I can be of further assistance.... Read More

Forming an HOA requires the assistance of legal counsel. You will want the homeowners not the developer to draft the HOA Agreement. After 20 years the homeowners will want controling input on the rules under which they live. Also, after 20 years, to form the HOA will require close to unanimous consent from the fellow owners as the statute of limitations may apply. If our firm can be of assistance, please be in touch.... Read More

Condos are allowed to set bylaws. One would expect that, if the car got a flat tire or was unable to start that there woud be some grace period but many condo associations treat their fine system as a fundraiser and can be overly aggressive in fining residents. Always try to work it out with letters and attending a meeting or speaking to a board member.... Read More

Several thousand dollars sounds REALLY high. You always have a right to an accounting. Were the fines imposed during your lease term, or not? If they weren't, the owner has to pay, not you . Your lease will spell out your rights and who pays what. Don't rely on the property managers' accounting, make sure it is verified with the association.... Read More

Dear Lisa, It is hard for a roof to leak and the owner not know it. You have no real cause of action against the inspector because your damages are limited to the amount you paid them. Proving fraud on the broker is not easy. You definitely need to retain legal counsel to have any hope of recovering damages. Obviously, if it is a repair, that can be somewhat expensive, a new roof is very expensive. I hope this helps. Gilbert Borman... Read More

You are entitled to a Warranty Deed. While a quit claim transfers possession, a Warranty Deed gives the buyer title insurance and believe me, you want title insurance. Send the seller a note confirming the down payment and demand you close at a title company. demand an inspection with a right to cancel if the home fails inspection (or require the seller to fix). You can hire legal counsel to perfect your rights, the first question is if there is even an enforceable contract for sale.... Read More