Let's say I purchase a retail strip under my entity name and a year and half down the road I want to sell it, can my entity legally market the property on sites such as loopnet and also with "for sale" signs staked into the property grounds? Also,...
A change in Michigan Real Estate licensing happens in a few weeks:
OCCUPATIONAL CODE Act 299 of 1980
***** 339.2502b.added THIS ADDED SECTION IS EFFECTIVE MARCH 29, 2017 *****
339.2502b.added: Owner of real estate engaging in sale of real estate as principal vocation; license as real estate broker required.
The main concern will be how many transactions you do in a year, or how involved in real estate activities that are regulated you may be. This is a clarification of prior law, and may require that you discuss your situation with a real estate licensing law attorney. You might also contact the Michigan Association of Realtors, or the State of MI - LARASee question
If you need to talk with the supreme court about a problem and you want to not speak with the clerk. Who is the supervisor of the main clerk of the supreme court of michigan?
The Clerk of the MI Supreme Court, Larry Royster, is also the Chief of Staff for the MI Supreme Court. The immediate supervision of the Clerk and the Clerk's Office is by the Chief Justice, Robert Young.
While there is a Michigan State Court Administrator, Milton Mack, that position generally deals with administrative matters for the Trial Courts and Court of Appeals.
Direct communication with a Judge or Justice concerning a case is improper, except under certain procedures. General administrative issues concerning a case would be best handled by an attorney familiar with appellate procedure, and the MI Supreme Court's practices.See question
I have recently purchased a car there was a bill of sale signed for 700 and a written contract for 1500, i have paid the 700 and the title was signed over to me, they are saying i still over $800, do i really have to owe that beings i have the bi...
Beyond the other comments...be certain the paperwork (receipt) is not an attempt to avoid sales tax. The Full purchase price determines the sales tax due, and you do not want to be involved in an attempt to not pay the proper tax..See question
Selling condo have buyer, purchase agreement, supporting appraisal, in underwriting found based on condo questionnaire completed by management company the complex is considered unwarrantable. My buyer went to the credit union, they provide loans f...
Whether because of too many investor owned units, or too many rental units overall, the issue is that your Buyer has limited financing available...perhaps only a second home or cottage loan or an investor loan may be available at a higher interest rate. The acceptable percentage for non-owner occupied units can differ with different lenders. Mortgage insurance is already a problem as your facts stated. The percentage of units owned by any one owner is another limitation. Is there another issue of too many foreclosures, or financial problems with the association.
If there was a real estate broker involved, were you advised of any financing limitations?
The Purchase Agreement needs to be reviewed; but if it has typical provisions, the Buyer may have specified a conventional mortgage as financing.
Please contact a Michigan real estate lawyer. If you wish, the State Bar of Michigan Lawyer referral number is: 800-968-0738See question
Instructions for Mich. form mc 03 say first copy goes to court, then 4th copy goes to court after service . Can you just sign the cert of service on the first copy to the court if you have mailed to the plaintiff?
"After you serve the answer on the plaintiff, complete the certificate of service on the bottom of the
remaining two copies of the form. File one copy with the court. You can do this either in person or by first class mail. Keep the remaining copy of the answer form for yourself." ...this is the direction for using the form.
Because these preprinted forms have been in use for decades, court clerks tend to look at the distribution noted on the bottom, and expect to see the "court copy" of the proof of service that is filed, rather than another one of the captioned pages, but you could file the first copy (Original) if you already served the Answer. Just be certain the court notes it as an Answer and Proof of Service (POS) in the Register of Actions. The only reason the proof of service Certificate is on the first page is that these are pre-printed 4-part forms. You can also use photocopied forms, but at least a proper Proof of Service needs to be filed.
A separate Proof of Service could be used, but this is not something to over-analyze.See question
My purchase agreement requires a policy "without standard exceptions" such as an "Eagle/Advantage" policy, marked up to the date of closing. There was a caveat that policy of insurance would be issued with "standard survey exceptions" if a surve...
There is a simple factual issue: Who was to order a survey? ...the Real Estate Broker, the Salesperson , yourself, a transaction coordinator, etc?
"Form" purchase agreements from brokers all vary; yet most say that if the survey isn't ordered, the title policy will be issued with standard exceptions from coverage. If a mortgage (lenders) policy was issued, a mortgage survey is usually performed.
Some coverages are not available unless a separate review is done, such as liens and taxes.
A title commitment should have been provided to you before closing. Was it?
There is a different premium based on coverages and waiver of exceptions.
A checklist is sometimes used by real estate agents and/or title closing departments to verify what needs to be done. Was that among the papers you received? Check with the title company.
Contact a real estate lawyer.See question
I'm a independent music artist/producer, and I'm having a hard time choosing to name my music business after my artist name (i.e. ArtistName Music, LLC) and using (record label, music publishing, and etc.) imprints to extend my services to others ...
Three factors to consider: (1) Marketing advantage of the "Artist" name versus another "business" name, including whether it is available as a Domain name....that is a current important consideration. (2) Whether the use of the Artist name would be too limiting for extension into other lines of business, even those that might be unrelated. (3) Whether a type of separation of identity is helpful, in the event of liability issues, negative PR, or litigation, or to seek financing.
Any other lines of business can be set up as different business entities, and have different names, assumed names, or use the umbrella business entity.
Trademarks may also be another means of differentiating a business.
Tax issues need to be examined as the business(es) grow.
Best attorney is one who has intellectual property, business, e-commerce, or entertainment law experience. Global expansion of entertainment businesses can require additional multi-national help.See question
My three sisters, one brother, and I are joint tenants with rights of survivorship of our mothers home. She passed away 4 years ago and we rented the home out to pay for the upkeep and expenses. My brother recently divorced and decided to move int...
In consulting with an attorney in Michigan, it may be that you discover that the "soon to be bride" will not have a dower interest in Michigan. The Michigan Land Title Standards are applicable (see Standard 4.4 dower – joint tenancy), which describes the situation that bars Dower when property is held jointly by married men and then sold...other scenarios also arise where a subsequent marriage does not create a dower interest.
A practical problem today is the willingness of a title company to insure title when selling, without requiring a sign off by the wife. Title companies exercise discretion in their underwriting requirements.
The family tension the girlfriend may be creating is another matter that is not a pure legal problem.See question
We signed a lease/option to buy and paid him $2600 with thinking the money went toward buying the house then he says we have to rent first for 12 months and if he decides we can buy so we're renting for $650 month and the 3rd day we see the baseme...
If this is only a Lease at this stage, and the Option to Buy (with the Seller Disclosure requirements, etc. ) was voided. it appears you are only in a landlord/tenant situation. However, a Move-in checklist should have been done, and there are remedies for health hazards that can be discussed with an attorney.
The changing terms of the option, and the lease repair requirements need to be reviewed with an attorney. If this is a professional/ investor there may real estate broker licensing law requirements that may apply, too.See question
The buyer is over 4 months in arrears in payments.
See the Michigan Supreme Court site for forms: http://courts.mi.gov
Two choices to seek recovery are available in Michigan:
Forfeiture of a Land Contract, in the District Court, where you take the property back without accelerating the debt, OR,
Foreclosure, in the Circuit Court, where you seek the balance of the Land Contract debt. :
If the contract did not specify a time to cure the default, a Forfeiture can be filed 15 days after the Notice of Forfeiture.
There is no standard language for Michigan Land Contracts, so reading the particular default provisions is necessary, preferably with a Michigan attorney advising and representing you. Some Land Contracts allow more time than the statutory 15 days for curing a default by the Buyer. Commercial land contracts may have provisions that deal with taxes and insurance that need to be considered in establishing an amount to cure the default.See question