Real Estate Transactions and Litigation

Real Estate Transactions and Litigation


In the realm of property dealings, whether you're venturing into the excitement of buying a new home, selling a property, or navigating the intricacies of leasing, the process can be both thrilling and daunting. It's important to recognize that while realtors are valuable guides in many aspects of real estate, they aren't equipped to provide insights into the complex legal matters that often accompany property transactions.


Enter Ashley Attisha, a distinguished professional who wears dual hats as a licensed attorney and a licensed real estate broker. Ashley understands that the journey from the initial listing agreement to the finalization of closing documents involves a myriad steps, each demanding a keen legal eye. With a wealth of experience in handling transactional documents, Ashley is adept at navigating real estate deals, while making sure that your interests are protected at every stage of the process.


Attisha Law focuses on a comprehensive range of transactional services encompassing the buying, selling, and leasing of both commercial and residential real estate. Whether you're a first-time homebuyer, a seasoned property investor, or a business owner, our firm is dedicated to facilitating smooth and legally sound transactions tailored to your unique needs.


In addition to transactional matters, our firm is well-versed in real estate litigation, offering a robust set of services to resolve disputes effectively. We have a proven track record in handling quiet title actions, boundary disputes, and contractor disputes. We bring a strategic and assertive approach to litigation, advocating for your rights and interests in a manner that is both effective and efficient.


At Attisha Law, we pride ourselves on being a reliable partner throughout your legal journey. Whether you need assistance with a seamless transaction or are facing a legal challenge, we have the experience and dedication to guide you through the complexities of real estate law. Trust us to be the bridge between your real estate ambitions and legal success.

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Areas We Serve


Attisha Law is proud to serve Oakland, Wayne and Macomb counties in Southeast Michigan. Whether near or far from our Detroit office, we will accommodate you to meet virtually or in person.

We have served clients from the following cities:


  • Bloomfield Hills
  • Greater West Bloomfield
  • Grand Rapids
  • Detroit
  • Farmington Hills
  • Southfield
  • Sterling Heights
  • Troy
  • Warren

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Frequently Asked Questions


  • What does the "right to privacy and quiet enjoyment" mean for tenants?

    Michigan laws outline specific regulations regarding landlord entry into a rental unit to protect the tenant's right to privacy and ensure peaceful habitation. This summary explores the key aspects of landlord entry and privacy in Michigan, including notice requirements, permissible reasons for entry, and the concept of a tenant's right to quiet enjoyment.


    Notice Requirements

    Landlords in Michigan must generally provide tenants with advance notice before entering the rental unit. The notice period typically ranges from 24 to 48 hours, allowing tenants ample time to prepare for entry.


    Permissible Reasons for Entry

    Michigan allows landlords to enter the rental unit for specific reasons, such as making repairs, conducting inspections, showing the property to potential buyers or tenants, and addressing emergencies or safety concerns.


    Tenant's Right to Privacy

    Michigan law recognizes and protects a tenant's right to privacy within their rental unit. Landlords must respect this right and refrain from entering the premises without a valid reason and proper notice, except in emergency situations.


    Emergencies and Tenant Consent

    In emergencies, such as a fire or flooding, landlords may enter the rental unit without prior notice to address the issue promptly. Additionally, if the tenant provides consent for immediate entry, notice requirements may be waived.


    Compliance with Lease Terms

    The lease agreement may contain specific provisions regarding landlord entry, which both parties must follow. Landlords should ensure that their entry practices align with the lease terms to maintain a harmonious landlord-tenant relationship.


    Tenant's Right to Quiet Enjoyment

    The concept of a tenant's right to quiet enjoyment means that tenants have the right to peacefully use and enjoy their rental unit without interference from the landlord. Respect for privacy and adherence to notice requirements contribute to the tenant's right to quiet enjoyment.


    In Michigan, the laws surrounding landlord entry and privacy are designed to balance the interests of landlords and tenants. By following notice requirements and respecting the tenant's right to privacy and quiet enjoyment, landlords can create a positive living environment, fostering a harmonious and mutually respectful relationship between landlords and tenants.

  • What responsibilities do landlords typically have for repairs and maintenance?

    Under Michigan law, landlords have a legal obligation to maintain the rental property and make necessary repairs to ensure it remains safe and habitable for tenants. This summary examines the key aspects of repairs and maintenance in Michigan, including the landlord's duty, the process for requesting repairs, reasonable timeframes for addressing issues, and available remedies for tenants in case of delays.


    Landlord's Duty to Maintain

    Michigan law requires landlords to provide and maintain rental properties in a habitable condition. This duty encompasses essential services such as plumbing, heating, electrical systems, and structural integrity.


    Process for Requesting Repairs

    When tenants encounter maintenance issues, they should promptly notify their landlord in writing about the specific problems. Written requests create a record of communication and give the landlord notice to address the repairs.


    Reasonable Timeframe for Repairs

    Michigan law does not set a specific deadline for repairs. However, landlords are expected to address maintenance concerns within a reasonable timeframe, considering the nature and severity of the issue.


    Emergency Repairs

    In cases of urgent or emergency repairs that affect the tenant's health or safety, landlords are expected to respond promptly, sometimes within 24 hours, to mitigate risks to tenants and the property.


    Remedies for Delayed Repairs

    If a landlord fails to make necessary repairs within a reasonable time after receiving written notice, tenants may have several remedies available. These may include withholding rent, repairing and deducting costs from rent, or seeking legal action.


    Retaliation Prohibition

    Michigan law prohibits landlords from retaliating against tenants who assert their right to repairs or exercise legal remedies. Retaliation could include eviction, rent increases, or other adverse actions against the tenant.


    In Michigan, landlords have a legal responsibility to maintain rental properties and promptly address repair requests to ensure tenants' health and safety. By following the process for requesting repairs and adhering to reasonable timeframes, landlords uphold their duty to provide habitable living conditions. When repairs are not made in a timely manner, tenants have recourse through various remedies, ensuring their rights are protected under state law.

  • What constitutes a security deposit in a rental agreement?

    In Michigan, security deposit laws are designed to protect both tenants and landlords. These laws govern the collection, use, and return of security deposits in rental properties.


    Maximum Deposit Amount:

    Landlords can collect a maximum security deposit of up to one and a half months' rent. An additional pet deposit may be collected if the tenant has a pet.


    Written Receipt:

    Landlords must provide tenants with a written receipt stating the amount of the security deposit and the date it was received.


    Deposit Storage:

    Landlords must hold the security deposit in a regulated financial institution within Michigan, such as a bank or credit union. The deposit must be kept in an escrow account separate from the landlord's personal funds.


    Move-in Inspection:

    Within 7 days of moving in, tenants and landlords should conduct a joint move-in inspection to document the condition of the rental unit. Pre-existing damages should be recorded in a written statement.


    Itemized List of Damages:

    When the tenant moves out, landlords have 30 days to provide a written itemized list of any damages and the cost of repairs deducted from the security deposit. If the landlord fails to do so, the tenant is entitled to a full refund of the deposit.


    Security Deposit Return:

    After deducting legitimate expenses for damages or unpaid rent, landlords must return the remaining security deposit within 30 days of the tenant moving out. The landlord must provide an itemized list of deductions along with the remaining amount.


    These provisions aim to protect both tenants and landlords by establishing clear guidelines for the collection, storage, and return of security deposits in Michigan. It is essential for both parties to understand their rights and responsibilities to ensure a fair and lawful process. For more information, it's advisable to seek legal advice from an experienced real estate attorney.

  • What is a land contract, and how does it differ from a traditional mortgage?

    • A land contract is an agreement between a buyer and a seller that states the buyer is purchasing property but will not receive the legal title until the debt has been satisfied.
    • A land contract is an easy way to sell property, earn income and utilize tax advantages from the installment-sale method.
    • Land contracts are a form of seller financing and are typically used in residential transactions when a buyer cannot secure traditional means of financing.
    • Sellers and Buyers can negotiate payment terms and interest rates. The seller may charge interest up to 11%.
    • Unlike a mortgage, a land contract stipulates that if a buyer does not fulfill his or her financial obligations in the agreed upon terms of the contract, then the seller regains possession of the property and keeps any money the buyer has remitted.
  • What is the small claims court process?

    According to Michigan law, Small Claims Court is a venue for resolving landlord/tenant disputes involving monetary claims up to a certain limit. The court's jurisdiction typically covers disputes such as unpaid rent, security deposit issues, property damage claims, and other related matters.


    The process begins with the filing of a small claims complaint by either the landlord or tenant. The plaintiff must complete a summons and complaint form, detailing the nature of the dispute and the amount being claimed. The court clerk will provide the necessary forms and assist with the filing process.


    In Small Claims Court, attorneys are generally not allowed to represent individuals. Both landlords and tenants are expected to present their case themselves without legal representation. This approach simplifies and expedites the proceedings, ensuring accessible justice for all parties involved.


    During the hearing, both parties have the opportunity to present evidence, witnesses, and any relevant documentation supporting their claim or defense. The judge or magistrate will listen to both sides and make a decision based on the evidence presented.


    Potential remedies available to landlords and tenants may include orders to pay outstanding rent, return or withhold security deposits, compensation for property damages, or other appropriate monetary awards.


    The Small Claims Court process is designed to be informal and straightforward, enabling individuals to resolve their disputes efficiently and cost-effectively. It provides a practical and accessible avenue for landlords and tenants to seek fair resolutions to their disagreements without the need for legal representation.

  • What defines a holdover tenant in a rental agreement?

    A legal holdover tenant is someone who remains in a rental property after their lease or rental agreement has expired, without the landlord's explicit permission. When the original lease term ends, the tenant is expected to either vacate the premises or negotiate a new lease agreement with the landlord.


    In the case of a holdover tenant, the tenant continues to occupy the property without a valid lease or rental agreement in place. The landlord may not have explicitly agreed to extend the tenancy or may have denied the tenant's request for renewal. The tenant's continued presence is considered unauthorized and can lead to legal complications.


    The rights and obligations of holdover tenants vary depending on local laws and the terms of the original lease agreement. In some jurisdictions, holdover tenants may be subject to certain rights and protections, while in others, their status may be considered as trespassing or an unlawful detainer.


    Landlords typically have legal options for addressing holdover tenants, which may include initiating eviction proceedings or negotiating a new lease agreement. It is advisable for both landlords and tenants to consult local laws and seek legal advice to understand their rights and responsibilities in the case of holdover tenancies.

  • What are the essential components of a purchase agreement?

    A Real Estate Purchase Agreement is a legally binding contract that governs the sale of real property between a buyer and a seller. It must be in writing and signed by both parties to be enforceable. The agreement typically includes details about the property, purchase price, closing date, contingencies, and other terms. If someone backs out of the agreement without a valid reason specified in the contract, the non-breaching party may have legal remedies.


    Legal Requirements

    A Real Estate Purchase Agreement in Michigan must be in writing and signed by both the buyer and seller to be enforceable. It should include essential details like property description, purchase price, financing terms, contingencies, and the closing date.


    Property Disclosures

    Michigan law requires sellers to disclose certain material defects or issues affecting the property. Buyers have the right to receive these disclosures before finalizing the agreement.


    Title and Ownership

    The agreement should address the condition of the property's title, ensuring that the seller has the legal right to transfer ownership to the buyer.


    Earnest Money

    The agreement may require the buyer to provide earnest money as a deposit to demonstrate their commitment to the purchase. If someone backs out without a valid reason, the party not in breach may be entitled to retain the earnest money.


    Contingencies

    Common contingencies in Michigan include inspections, financing, and appraisal. If the buyer cannot meet the conditions specified in the contingencies, they may be allowed to terminate the agreement without penalty.


    Breach of Contract

    If someone backs out of the agreement without a valid reason, the non-breaching party may have legal remedies. Depending on the agreement's terms and applicable Michigan laws, they may seek specific performance (compelling the breaching party to complete the sale) or seek damages, such as earnest money or other costs incurred due to the breach.


    Legal Advice

    It is crucial for both parties to seek legal advice from a real estate attorney before signing the agreement to understand their rights, obligations, and potential consequences in case of a breach. Properly drafted agreements can help protect the interests of both buyers and sellers in real estate transactions.


    Understanding the ins and outs of Real Estate Purchase Agreements is crucial for a successful property transaction. From property details to contingencies, these legally binding contracts play a vital role in protecting both buyers and sellers. Remember to seek professional advice and carefully review the terms before signing.

  • What happens to a property after it's foreclosed upon?

    Please note that foreclosure laws and processes may be subject to change, so it's crucial to consult with a legal professional or check the most recent legal resources for the latest information.


    Missed Payments

    When a borrower fails to make mortgage payments on time, they are considered in default. The exact number of missed payments that trigger the foreclosure process will depend on the terms of the mortgage agreement.


    Pre-Foreclosure Notice

    Before initiating foreclosure proceedings, the lender is required to send the borrower a pre-foreclosure notice. This notice informs the borrower about the default and provides an opportunity to cure the default by paying the overdue amount within a specified period.

     

    Lis Pendens

    If the borrower does not cure the default during the pre-foreclosure period, the lender may file a lawsuit against the borrower. This legal action is initiated by filing a Lis Pendens with the county recorder's office. The Lis Pendens puts potential buyers and other interested parties on notice that there is pending legal action regarding the property.


    Judicial Foreclosure Lawsuit

    The lender files a foreclosure lawsuit in the circuit court of the county where the property is located. The borrower is served with legal notice of the lawsuit.


    Court Judgment

    If the court determines that the borrower is in default and there is no valid defense, it may enter a judgment of foreclosure. The judgment specifies the amount owed and orders the sale of the property to satisfy the debt.


    Sheriff's Sale

    Following the judgment, the property is typically scheduled for a sheriff's sale or public auction. The sale is conducted by the county sheriff, and the property is sold to the highest bidder. The winning bidder at the auction becomes the new owner of the property.


    Redemption Period

    In Michigan, there is a redemption period after the foreclosure sale during which the borrower has the right to redeem the property by paying the full amount owed, plus additional costs. The length of the redemption period can vary based on the circumstances and whether the property is abandoned.


    Eviction

    If the borrower does not redeem the property during the redemption period, the new owner can take possession. In some cases, an eviction process may be necessary to remove the former owner from the property.


    It's important to emphasize that foreclosure laws and procedures can change, and this overview is a general guide. Borrowers facing foreclosure and individuals interested in purchasing foreclosed properties should seek legal advice to understand the specific details and recent changes in Michigan's foreclosure laws.

  • Do I need a Quit Claim Deed?

    Quit-claim deed laws in Michigan govern the transfer of real property ownership from one party to another.


    Voluntary Transfer

    A quitclaim deed is a legal document used to transfer the ownership interest in real property from the grantor (person transferring the property) to the grantee (person receiving the property). It is often used for transfers between family members, divorcing spouses, or to clear up clouded title issues.


    Limited Warranty

    Unlike a warranty deed, a quitclaim deed does not provide any warranties or guarantees regarding the property's title. The grantor simply transfers their interest in the property without asserting ownership or guaranteeing the absence of any liens or encumbrances.


    Recording and Delivery

    To be valid, a quitclaim deed must be properly executed, signed, and notarized. It should also be recorded with the county Register of Deeds where the property is located to provide public notice of the ownership transfer. Delivery of the executed deed is typically required to complete the transfer.


    While a quitclaim deed can be a straightforward method of transferring property, it is advisable to consult with a real estate attorney to ensure compliance with Michigan's specific laws and to understand any potential risks associated with using a quitclaim deed. It is also recommended to obtain a title search or title insurance to uncover any potential issues with the property's title.

  • What is due diligence in commercial real estate?

    Commercial real estate due diligence refers to the comprehensive investigation and analysis conducted by potential buyers or investors before finalizing a commercial real estate transaction in Michigan.


    Property Inspections

    Buyers are typically advised to conduct thorough inspections of the commercial property to assess its condition, structural integrity, environmental factors, and compliance with building codes and regulations. It is important to adhere to state and local laws governing inspections, permits, and certifications.


    Zoning and Land Use Regulations

    Michigan has specific zoning and land use regulations that dictate how a property can be used. Buyers should review zoning ordinances, restrictions, and any potential variances required for their intended use of the property.


    Title and Ownership Issues

    It is crucial to conduct a title search and obtain title insurance to identify any existing liens, encumbrances, or ownership disputes that could affect the property's marketability.

    Compliance with Michigan's recording and transfer laws is essential.


    Environmental Considerations

    Environmental due diligence is vital to identify potential environmental hazards, contamination, or liabilities associated with the property. Complying with federal and state environmental laws, such as the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), is crucial.


    Lease and Tenant Review

    For commercial properties with existing leases, buyers should review lease agreements, tenant records, and financials to assess lease terms, rental income, tenant obligations, and potential risks associated with lease agreements.


    Governmental Approvals and Permits

    Depending on the specific project or property, buyers may need to investigate and secure necessary governmental approvals, permits, licenses, or variances related to construction, zoning changes, signage, or other requirements.


    Professional Guidance

    Engaging professionals such as attorneys, environmental consultants, appraisers, and property surveyors can provide valuable expertise and guidance throughout the due diligence process to ensure legal compliance and identify potential risks or opportunities.


    It is essential for buyers and investors to conduct thorough due diligence in accordance with Michigan's specific laws and regulations. Consulting with experienced real estate professionals and legal advisors is strongly recommended to navigate the complexities of commercial real estate due diligence in Michigan effectively.

  • What are the key elements of a standard lease agreement?

    Leases are legally binding contracts that establish the terms and conditions for renting or leasing a property in Michigan. This summary provides an overview of essential aspects of leases under Michigan law, covering key subtopics that tenants and landlords should understand.


    Types of Leases

    Michigan law recognizes various types of leases, including fixed-term leases, month-to-month leases, and oral or written agreements. Each type carries different implications and responsibilities for both tenants and landlords.


    Lease Terms and Conditions

    Michigan law requires leases to include essential terms, such as the rent amount, lease duration, security deposit requirements, and the responsibilities of both parties. These terms ensure clarity and protect the rights of both tenants and landlords.


    Tenant Rights and Responsibilities

    Michigan law grants specific rights to tenants, including the right to a habitable dwelling, privacy, and protection against unlawful eviction. Tenants also have responsibilities, such as maintaining the property in a reasonable manner and paying rent on time.


    Landlord Obligations

    Landlords in Michigan are legally obligated to maintain the rental property in a safe and habitable condition, make necessary repairs, and follow proper procedures for handling security deposits.


    Security Deposits

    Michigan law regulates how landlords handle security deposits, including the maximum amount that can be collected and the timeframe for returning the deposit after the lease ends.


    Leases in Michigan play a critical role in defining the rights and responsibilities of both tenants and landlords. By understanding the different types of leases, lease terms, tenant rights, and landlord obligations, individuals can enter into rental agreements with confidence and ensure a smooth and fair renting experience. It is essential for both parties to be aware of their rights and obligations under Michigan law to foster a positive landlord-tenant relationship.

  • What constitutes fraudulent property flipping?

    Property flipping has become a common practice in real estate, where investors buy properties, make superficial improvements, and rapidly resell them for profit. However, fraudulent property flipping schemes pose significant risks to buyers and the housing market.


    Property Flipping Explained

    Property flipping involves buying distressed properties at a lower price, making minor cosmetic improvements, and reselling them quickly at a higher price. Legitimate flipping can revitalize neighborhoods and provide affordable housing options.


    Fraudulent Property Flipping

    Some property flippers engage in fraudulent practices by misrepresenting the property's value, concealing defects, or inflating the market price to deceive buyers and maximize profits. These schemes can lead to unsuspecting buyers acquiring overpriced and substandard properties.


    Misleading Appraisals

    In fraudulent property flipping, misleading appraisals may be used to artificially inflate the property's value, allowing flippers to sell at an inflated price, defrauding both buyers and lenders.


    Mortgage Fraud

    Perpetrators may engage in mortgage fraud by providing false information on loan applications, leading to higher loan amounts than the property's actual value.


    Legal Actions and Penalties

    Individuals convicted of fraudulent property flipping can face significant penalties. They may be sentenced to several years of imprisonment, with potential terms ranging from 2 to 20 years, depending on the severity of the offense. Additionally, offenders may be subject to substantial fines, with amounts reaching up to $100,000 or more, designed to deter such deceptive practices and protect the state's real estate market from exploitation.


    Protecting Buyers

    To safeguard buyers from falling victim to fraudulent schemes, conducting thorough property inspections, researching market values, and seeking legal advice can help identify potential red flags and protect against scams.


    While property flipping can be a legitimate investment strategy, fraudulent property flipping schemes pose serious risks to buyers and the housing market in Michigan. Awareness of potential scams, exercising due diligence, and taking legal actions against perpetrators are essential to maintain a fair and transparent real estate market, protecting both buyers and the integrity of the housing sector.

  • What is a warranty deed, and how does it differ from other types of deeds?

    Warranty deed laws govern the transfer of real property and provide protections for both buyers and sellers.


    Legal Document

    A warranty deed is a legal document used to transfer ownership of real property from a seller (grantor) to a buyer (grantee). It guarantees that the seller holds clear title to the property and has the right to convey it to the buyer.


    Warranty of Title

    With a warranty deed, the seller guarantees that they have good and marketable title to the property, free from any liens, encumbrances, or claims. This means that the seller is responsible for any defects in the title that may arise, and the buyer can seek legal recourse if the title is found to be defective.

     

    Covenants and Protections

    Warranty deeds in Michigan typically include specific covenants, such as the covenant of seisin (grantor's ownership rights), the covenant of quiet enjoyment (no disturbance to the buyer's possession), and the covenant against encumbrances (no undisclosed liens or claims).


    Recording Requirements

    A warranty deed must be recorded with the county Register of Deeds where the property is located to be valid. Recording the deed provides notice to the public and helps establish the priority of ownership interests.


    Title Insurance

    While warranty deeds provide assurances of clear title, buyers often obtain title insurance to further protect against any unforeseen defects or claims that may arise in the future.


    Legal Advice

    It is advisable for both buyers and sellers to seek legal advice from a real estate attorney to ensure compliance with Michigan's specific laws and to fully understand their rights and obligations when using a warranty deed for property transfers.


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