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Mark H. Davidson

Mark Davidson’s Answers

63 total


  • Can I sue a contractor who didnt do what I wanted and left work undone?

    We had our house redone a few years ago and our contractor did what he wanted, cut corners and left minor things undone. We told tge bank not to pay him his last pay until it was all finished but they did anyway. We have been trying to get things ...

    Mark’s Answer

    If the work was work that required a builder license you could have filed a complaint with the state but that has to be done within 18 months of last day he worked. Otherwise I agree with all the other Answers. You should not let him get away with it!
    You can hire someone else to finish it and then take contractor to Small Claims Court, up to $5500.

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  • Trustees had elderly mother sign a cd in their name, cashed before her death, kept money. Kept it a secret from beneficiaries.

    Are there any chances of making them put the money back?

    Mark’s Answer

    I agree with previous comments but more information needed; were trustees other family members? Have they been confronted and have they tried to explain or justify the transfer? How much money are you talking about? Most importantly was she competent at the time of transfer? I'm not sure what you mean by sign a cd... Is there a pending probate or was there a non-probate trust?

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  • I signed a 6 mo lease in Aug 2011 , I'm still living there 1 . 5 years later and have not signed any other lease since then .

    They're trying to charge me $900 for my dog, $300 non-refundable and $600 refundable. When I signed my lease in 2011 the pet deposit was $300 refundable. Should I pay the original amount in my lease ($300) or the current one ($900) they're attem...

    Mark’s Answer

    It's hard to answer any contract question without seeing it, but once the term of a lease runs out, generally the tenant becomes month to month and the tenant is free to leave (with 30day notice) and landlord is free to change any terms, including rent or security deposit upon reasonable notice by landlord.

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  • In Michigan, does wife have dower interest in property held by husband and mother, as joint tenants with rights of survivorship?

    My brother bought property when he was single and had the deed put in his name and Mother's name as joint tenants with full rights of survivorship. Mother now wants her name off of the property and my brother wants my name in her place just as be...

    Mark’s Answer

    No.
    Michigan Land Title Standard 4.4 "dower – joint tenancy"
    standard : a wife has no inchoate dower in real property that her husband and one or more other persons own as joint tenants .

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  • We purchased property w/an existing neighbor encroachment. How to preserve our property rights and maintain friendly neighbors?

    Purchase survey identified an encroachment by neighbor's home (bay window&foundation, 5"x5') as well as a concrete path beside/around it. Title insurance identified another exception, a written/filed encroachment agreement, from 1950's, which pro...

    Mark’s Answer

    I sort of agree with Mr Frederick except for the adverse possession issue, which the encroachment agreement might prevent. It is absolutely necessary to have the recorded agreement reviewed by a real estate attorney. Most important is if it "runs with the land," meaning it is binding on all future owners or just the original parties.
    You can probably assume that neighbors had survey and/or title insurance policy and are already aware of the encroachment and what sounds like a license, which is an easement that can be canceled.
    I would advise against taking any action without prof advice.

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  • Can a landlord charge a pet fee of $200 for a single kitten?

    A month after moving in, I bought a kitten. Unaware that there was a pet fee, because it never concerned me...I brought her home. I am more than willing to pay a fee, but $200 is a bit steep for a kitten for only 5 months. A kitten cant even cau...

    Mark’s Answer

    Click Brochure below and see p 29. Lots of other good information in there as well.

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  • Roommate got evicted and apartment put all damages after i moved on my credit report. management knew i was not in apartment

    I live in detroit michigan. I didn't get no court documents or bills at my forwarding address. When i went to court the lawyer said that i wasnt the party the judge needed to speak to. my roomate wouldn't sign me off the lease and resided there f...

    Mark’s Answer

    I agree with Mr Keenan more information necessary, but I would note that if a judgment for back rent and/or damages was entered, that may show up on your credit report rather than being reported by the apartment. You have several rights under federal law to challenge entries against your credit for which you may need help from an attorney. You appear to have access to the internet; search Fair Credit Reporting Act for information. For general landlord-tenant information click on Pamphlet below.

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  • Would I be able. To take my rental property to court so I can be able to get my money back

    My situation is that my houae is incomplete and they sent me a fake eviction notice after they sent me a letter telling me that the house is going in foreclouser and I have all the letters papers pictures and I have a letter from department of tre...

    Mark’s Answer

    Question too vague, we need WAY more facts! are you tenant already moved in, or did you make a deposit to move in in future? describe the fake eviction notice. who is They? How much money was paid and for what, security deposit?

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  • If your apartment is vandalized (windows broken), can the landlord keep your security deposit?

    A police report was filed.

    Mark’s Answer

    You have obligation to return the premises in same condition as when rented regardless of who caused damage. Now you don't mention if the vandalism came from outside or inside. If outside the landlord should be responsible, and as other attorney mentioned, landlord might have insurance. If from inside, you might have to take care of it or landlord can use your security deposit.
    Click Brochure below go to page 26 for more information.

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  • After filing an order for eviction, How long does it take to retain possession of the property?

    judgement for possession has been awarded. since the judgement order, the buyer has not made any payments and property taxes have not been paid. thank you

    Mark’s Answer

    In Michigan by statute the tenant has 10 calendar days from the date of judgment for possession to redeem by paying the amount shown at the top, if eviction for non-pmt of rent, otherwise 10 days to vacate on his own, after which Plaintiff Landlord can have court officer move tenant out by force if necessary.
    Click Brochure below for information.

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