Tag: Real Estate

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Collecting Rents After Default: A Lender’s Rights Under Michigan Law

  Who Can Collect Rents Under Michigan’s Uniform Assignment of Rents Act (MUARA)? When a borrower defaults on...

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Applying Judicial Estoppel: Legal vs. Equitable Claims

The Michigan Court of Appeals recently distinguished between equitable and legal claims when applying the doctrine of judicial...

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Court of Appeals Rules Contaminated Groundwater Must Be Disclosed Under the Seller’s Disclosure Act

In the recent case Gholston v. Sherrill, the Michigan Court of Appeals held that contaminated groundwater beneath a...

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Real Estate Commission Agreements Must Be Written and Signed to be Enforceable

On March 17, 2020, the Michigan legislature amended the law to ensure that contracts for the payment of...

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Michigan Uniform Assignment of Rents Act

Michigan recently signed into law the Michigan Uniform Assignment of Rents Act (the “MUARA” or the “Act”), MCL...

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Michigan Court of Appeals Affirms Power of Township to Prevent Development of Large Solar Array Through Moratorium

The Michigan Court of Appeals recently affirmed that interim zoning ordinances are not subject to petitions for referendum...

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Considering Bringing a Fraud Lawsuit in Michigan State Court? Think About Innocent Misrepresentation as Well.

Unlike in many jurisdictions, Michigan courts recognize a cause of action for innocent misrepresentation.  If you are about...

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Court of Appeals Expands on Authority of Receivers in Sale of Lands Encumbered By Existing Liens

In Stock Bldg. Supply, LLC v. Crosswinds Cmtys., Inc., 317 Mich. App. 189, 199 (2016), the Court of...

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Terms of Agreement Need To Be Accurately Stated in Written Contract  

In Exclusive Auto v. Mattawan Holdings, LLC, Docket No. 327045, the Michigan Court of Appeals entered a judgment...

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