Selling With Mold In Your House

Ah, yes, the perennial issue – Mold.  As you have no doubt know, mold is everywhere.  It doesn’t take much for mold to appear in your House. A few Michigan seller disclosure cases have resolved mold issues.  Our office represented the Sellers in one of those cases.  The result of that case was consistent with …

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Community Associations Are Running Amok

Subdivision and Condominium owners who believe they escaped high school politics and cliques when they graduated from those fine institutions are often in for a rude surprise later in life when they run afoul of their local Condominium or Homeowners’ Association.  The customary shenanigans are alive and well in many “Community Associations,” and they have …

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Employees Business Purchases

Entrepreneurs and Professionals should be careful not to overlook one potentially valuable market for sale of their business or practice: their employees. Many small business entrepreneurs poised to retire in the next several years are looking for potential purchasers of their enterprise, which often represents their life’s work (or at least a big part of …

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Must A House Seller Disclose Coronavirus?

PART 1 – Michigan Seller Disclosure Act The Coronavirus pandemic dominates the news right now, particularly as to health concerns far more critical than sale of a house.  Nonetheless, the oncoming residential selling season will soon converge with the coronavirus pandemic to generate this question: must a house seller disclose an occupant’s coronavirus or infectious …

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Unexpected Danger – a Rare Exception To the Open and Obvious Defense

As many Michigan residents are by now aware, Michigan courts have been quite stingy allowing slip and fall cases to proceed to the jury when the property owner can claim that the danger was “open and obvious.” In Michigan, a danger is open and obvious if an average user with ordinary intelligence would be able …

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Contractual Statute of Limitations Waivers Will be Enforced

In a recent decision entitled Sams v Common Ground, a panel of the Michigan Court of Appeals enforced a Michigan employment contract reducing the customary six years statute of limitations to just one year. The employee challenged that reduced time limit as being unconscionable and contrary to the Persons with Disabilities Civil Rights Act. The …

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Michigan Permits Domestic Asset Protection Trusts

Effective March 8, 2017, Michigan joined an increasing number of states that permit “Domestic Asset Protection Trusts,” aka DAPTs. These instruments enable the Grantors forming the Trusts to protect their property against future claims, as long as they follow the specified guidelines. DAPTs are irrevocable trusts. Unlike most irrevocable trusts, however, the Grantor who sets …

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When a Fully Paid Mortgage is Still on Your House Title

This is an all-too frequent occurrence. You took out a home equity loan years ago and paid it off. You are now selling your house but the mortgage company never removed the mortgage lien. The loans had been transferred by the mortgagee to another lender, or the records just don’t go back that far. What …

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Buying a House?

There is much to consider when you are buying a house or condominium. It is usually one of the most important transactions of your life, one you will have to live with for several years or more. Even when you have hired the assistance of a realtor, attorneys have an important role to fulfill. We …

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Avoiding Will Contests

Anyone who goes to the trouble of having an attorney draft his or her Will quite naturally wants it to be honored by his or her heirs. In short, no Will contests! A lot of clients ask us how to prevent such mischief. The primary drafting tool is, not surprisingly, a clause prohibiting heirs from …

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