Real estate

Real estate

Most of this work is quiet and preventable. The expensive version is the one nobody read first.

We read purchase agreements before you sign, and we help with closings, title problems, and boundary lines. An attorney signs the work.

Real estate is not injury work. It is billed by the hour or as a flat fee, not paid out of a recovery. For a small problem, a lawyer's time can cost more than the problem is worth. We will tell you that on the first call. We will also tell you plainly whether we take the matter or whether another firm is a better fit.

What we look at

The purchase agreement. A contract to sell property has to be in writing and signed by the seller, or it is void. MCL 566.108. Read it before you sign, because that is the cheapest time to fix it.

The seller disclosure. The seller fills out a written form about the condition of the home. The buyer must receive it before the seller signs a binding purchase agreement. MCL 565.954(1)(a). The rule covers homes with one to four units. MCL 565.952.

A late disclosure. If the form arrives after the agreement is signed, the buyer can cancel. The buyer has 72 hours if it was delivered in person, or 120 hours if it came by registered mail. The notice must be in writing. MCL 565.954(3).

Title and boundary lines. Title means who legally owns the property. Say a neighbor uses part of your land as if they owned it, openly and without your permission. After 15 years, you may lose the right to take it back. MCL 600.5801(4). Kipka v Fountain, 198 Mich App 435 (1993).

A deal that falls apart. A claim that someone broke a contract usually has to be filed within six years. MCL 600.5807(9).

Tell us what happened at askazzo.com, or call 844-ASK-AZZO (844-275-2996). The office is at 33687 Woodward Ave in Birmingham.

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Real estate
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We will help you with:
We read the agreement before you sign it
Title and boundary problems checked against the record
Flat or hourly, quoted before we start
Let’s talk
1 to 4 units

The homes covered by Michigan's seller disclosure rules. That includes a sale or a lease with an option to buy. It also covers a land contract, where the buyer pays the seller over time. MCL 565.952.

72 hours

Time a buyer has to back out in writing if the seller disclosure came after the deal was signed. It is 120 hours if the form came by registered mail. MCL 565.954(3).

15 years

The general limit to sue to get land back. After that, the owner on paper may lose the land. The person who can take it is someone who held it openly, alone, and without permission that long. MCL 600.5801(4).

A couple on the front walk of their brick colonial home at golden hour, one holding a survey and documents, the other pointing at a property line marker.
How this works

Who is responsible for what

The seller. The disclosure form.

The seller has to give the buyer a written statement about the home before signing a binding agreement. MCL 565.954(1)(a). The seller is not responsible for problems they did not know about. The same goes for problems only someone trained in a trade would find, or that sit where nobody can reach. MCL 565.955(1).

The buyer. The inspection.

Because the seller only answers for what they know, the buyer's own inspection matters a great deal. The buyer can ask for a report from a licensed engineer, surveyor, or inspector. That report can take the place of parts of the seller's form. That holds unless the seller knows the report is wrong. MCL 565.955(2), (3). Read the report before closing, not after.

The neighbor. The line between you.

A boundary dispute often turns on time. Someone who uses land openly, alone, and without the owner's permission for 15 years in a row can end up owning it. The proof has to be clear. MCL 600.5801(4). Kipka v Fountain, 198 Mich App 435 (1993). A survey usually answers the question faster and for less money than a lawsuit.

Deadlines

Deadlines

72 hours to back out in writing if the seller disclosure was handed over in person after the deal was signed. It is 120 hours if it came by registered mail. MCL 565.954(3).

That right ends at closing. Once a deed or land contract transfers the home, the right to back out is gone. MCL 565.954(4).

Six years for most breach of contract claims. MCL 600.5807(9). Your purchase agreement may set its own terms, so read it.

15 years for most suits to get land back. MCL 600.5801(4).

Practical advice, not a deadline. Keep the signed agreement, the disclosure form, the inspection report, and any survey together. Those four documents answer most of our first questions.

Back out after a late seller disclosure
MCL 565.954(3)
1
72 hours
Sue for breach of contract
MCL 600.5807(9)
40
6 years
Sue to get land back
MCL 600.5801(4)
100
15 years
Working with us

Working with us

A named attorney owns the file and calls you back, usually the same day.

1

You call, or you send it.

2

We read what you signed.

The purchase agreement, the seller disclosure, the inspection report, and any survey, because the documents tell us most of the story.

3

We tell you if we are the right fit.

Some matters we take and some fit better with another firm. Either way, you hear it plainly on the first call.

4

We quote the fee in writing.

Flat or hourly, with the scope spelled out. You decide before any work starts.

5

We check the record.

Recorded deeds, title work, and the lines on the survey. We go by what the papers say, not what someone remembers.

6

We work it to a close.

A signed agreement, a clean closing, or a filed claim if it comes to that.

Fees

Real estate work is not contingency work. We set the fee in a written agreement before any work starts. It is a flat fee or an hourly rate, and the agreement says what it covers. Costs like filing fees and title work are listed on their own.

The consultation costs nothing. If the matter is not worth what it would cost to pursue, we say so.

Questions

Questions people ask

Do I need a lawyer to buy a house in Michigan?

Michigan does not require a lawyer for a home purchase. But the purchase agreement is a binding contract, and a contract to sell property has to be in writing and signed. MCL 566.108. It is usually cheaper to fix a contract before you sign it.

The seller hid a problem with the house. What can I do?

It depends on what the seller actually knew. A seller is not responsible for problems they did not personally know about. The same goes for problems only someone trained in a trade would find, or that sit where nobody can reach. MCL 565.955(1). Bring the disclosure form and your inspection report, because those two documents show what was said and what was found.

Can I back out after I signed a purchase agreement?

Sometimes. If the seller disclosure arrived after you signed the purchase agreement, you can cancel in writing. You have 72 hours, or 120 hours if it came by registered mail. MCL 565.954(3). Otherwise, it depends on the terms of the agreement itself.

Does every home sale need a seller disclosure?

Most sales of homes with one to four units do. That includes land contracts, where the buyer pays the seller over time, and leases with an option to buy. MCL 565.952. Some transfers are exempt. Examples are a sale to a spouse or child, a foreclosure sale, or a new home sold by a licensed builder. MCL 565.953.

My neighbor's fence is on my land. Can they claim it?

Possibly, if they have used it openly, alone, and without your permission for 15 years in a row. The proof has to be clear. MCL 600.5801(4). Kipka v Fountain, 198 Mich App 435 (1993). Start with a survey, because it often settles the question.

How long do I have to sue over a real estate deal?

Most breach of contract claims have six years. MCL 600.5807(9). A suit to get land back usually has 15 years. MCL 600.5801(4). Your contract may set its own terms, so read it first.

Can Azzo Law handle my real estate problem?

Often, yes. If another firm or a less expensive option fits better, we will tell you on the first call. You will not be signed up for work that costs more than it is worth.

The Azzo Law storefront office on a Birmingham main street at dusk, warm light in the windows.

Lauren Sitto Azzo leads Azzo Law from 33687 Woodward Ave in Birmingham, with a team behind the work. Most real estate trouble starts with a document nobody read closely, and the cheapest fix is reading it before you sign.

Call 844-ASK-AZZO, or tell us what happened. Have the agreement in front of you. We will tell you straight what it means and what it will cost.

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