Real Estate Law in Flint, MI
What Is Real Estate Law?
Are you getting ready to purchase or sell some property? Are you involved in a property or real estate dispute? Or, maybe you are having trouble getting your landlord to make repairs to the home?
Whether or not you are a property owner or tenant, you have rights under Flint, Michigan real estate law. Developers, property managers, and investors can also face property issues. Common reasons for this include property rights, access, liabilities, and more. These matters are complicated, so the best first step is to seek the counsel of a qualified Flint real estate attorney.
Types of Real Estate Law Disputes
Disputes involving real estate are very common and some of them are quite complex. They often require the intervention of the courts. The courts are seen as the most biased party to weigh in fairly. Learn more about the different types of real estate disputes below.
Escrow Deposit
If you decide to purchase any Flint property, there are certain steps all involved parties must take. One is having an escrow account. A common reason escrow disputes occur is when the closing process fails and the buyer and seller cannot agree on what happens with the funds.
Easement Real Estate Dispute
Easement disputes are one of the most common forms of real estate disputes between neighbors, especially when property ownership changes. An easement allows other people or parties access to use certain portions of your property. Easements are not always granted by a property owner. Information regarding easements is often included in Flint, MI property deeds. Regardless of the reason for the dispute, the resolution often involves hiring an experienced real estate law attorney. Still, one step you can take to resolve the matter before pursuing litigation is talking amicably with the other party.
Fraud/Omissions
Some unscrupulous sellers try to take advantage of buyers by withholding information. Ultimately, they may do this to impact the outcome of the transactions and future ownership. Proving fraud in a real estate transaction can be an uphill battle. It is almost always necessary to work with an experienced Flint real estate lawyer to straighten things out.
Michigan’s Governor signed mortgage fraud protection legislation into law in 2011. This law defines mortgage fraud as a separate criminal act. Residential mortgage fraud is now a felony in Flint and across the state. Punishment can include up to 20 years in jail and up to $500,000 in fines.
Contract Breaches
No Flint, Michigan real estate transaction is enforceable without a contract. Not all contracts are valid. The requirements for what to include in a valid real estate agreement vary from state to state. However, documents that are missing certain elements or contain unclear or confusing language and in which one party breaches often result in real estate disputes between sellers and buyers. Real estate contracts are enforceable documents. You should never enter into a real estate transaction in Flint without a valid mutually beneficial contract.
Landlord/Tenant
Disputes often arise when Michigan landlords and tenants cannot agree on repairs, rent arrears, and more. Flint, MI tenant and landlord laws are very complex, and failure to adhere to them can cause either party to violate the rights of the other. Not only is a valid rental agreement crucial, but so is having good legal counsel.
Under Michigan’s Truth in Renting Act, a Flint rental agreement cannot force the tenant to give the landlord a power of attorney. As well, the rental agreement cannot dictate that either party waives a right established by Michigan law. The City of Flint Comprehensive Rental Inspection Code requires that landlords must meet the Health and Safety Standards of the City of Flint. The landlord must apply for a certificate of inspection from the City of Flint before a tenant can occupy the premises.
Boundary Lines
Property line disputes often arise in , when neighboring property owners disagree about boundary locations. In many cases, these disputes stem from honest misunderstandings rather than intentional actions. Confusion over property lines can lead to tension, especially when changes to fencing, landscaping, or structures come into play.
Because property records aren’t always clear or easy to interpret, disagreements about boundaries can escalate quickly. While some property owners may attempt to resolve the issue themselves, taking matters into your own hands can lead to further legal complications. When disputes cannot be settled amicably, seeking court intervention is often the most effective way to clarify boundaries and enforce property rights.
Ownership
Ownership issues are common when an owner verbally transfers ownership without documentation. These disputes often happen when someone bequeaths their real estate to another without going through the proper process. Or, there can be other parties with ownership rights, such as certain lien holders.
Determining the rightful owner of a property in Flint is not always easy. Many factors and issues can arise when disagreements over real estate exist.
Liens
Liens can impact your ability to own property or land free and clear. It is possible to sell a property that has liens on it. However, some liens can diminish a property’s sale price. Also, in many cases, liens must be cleared before securing a mortgage or financing.
If the debtor’s property is in Flint, the judgment creditor must record the court-ordered judgment with the Genesee County Register of Deeds. If the debtor does not own any real estate at the time of the recording, the lien automatically attaches to any subsequently purchased Genesee County property. Under Michigan law, the lien will remain attached to the debtor’s property for 5 years.
What Should You Do If You Become Involved in a Real Estate Dispute In Flint, Michigan?
If you have a real estate issue in which you feel your rights are being violated, or there is a specific issue that has you and another party in disagreement, you may want to speak with a qualified Flint real estate lawyer. Regardless of the issues involved, you can benefit from having legal guidance.
Learn About Real Estate Law
Flint real estate law is quite complex. You need to learn as much as you can about how real estate law applies to your circumstances. Your lawyer will help you to understand what’s at stake and develop a plan of action that helps protect your real estate rights.
Work With an Experienced Real Estate Attorney In Flint, Michigan
Real estate disputes make up the majority of litigation cases. Not all issues require you to go to trial. You should work with an experienced Flint lawyer who has the knowledge and experience to get you the resolution you seek. Depending on your disagreement, the courts may include financial compensation and injunctions to prevent retaliation or recurring issues.
Get the legal help you need now. We help Michigan landlords, renters, property and more resolve their real estate litigation. Additionally, we can even help you connect with an attorney across Michigan state lines.
Submit a request online or call us today at (866) 345-6784 to get in touch with an experienced lawyer in your area!
About the Author
Aaron is a professional legal writer with a B.S. in English Education from Southern Illinois University – Carbondale. He has written, published, and edited thousands of legal articles for RequestLegalHelp, which has connected over 5 million people to legal help in the United States.
With over five years of experience writing thousands of legal articles for law firms across the U.S. and Canada, Aaron specializes in covering federal, state, and city-level legal issues ranging from auto accidents to wrongful terminations.
Answers to legal questions can often lead to more questions. If you’re seeking more about any area of law in Flint, MI, we’ve got you covered.
