Buyer’s Agent Compensation Changes
Many people utilize the services of a buyer’s agent when purchasing a house, especially first-time buyers, who are more likely to need help navigating the process. Buyer’s agents provide valuable…
Michigan Seeks to Implement Inspections of Septic Systems
As I stood in my yard recently watching a technician uncover my septic tank, I thought about the expression “out of sight, out of mind." It sums up the way…
Pursuing A Declaratory Judgment of non-liability, Two Different Outcomes
A recent opinion from the Michigan Court of Appeals provides insight into remedies available for companies asked to undertake the performance of corrective action at hazardous waste sites. In CAI…
Acquiring Title by a Forged Deed
I recently received an email inquiry from a client. Some of her older friends were questioning whether a “hacker“ could acquire title to someone’s home without their knowledge. She inquired…
ZBAs and Appellate Relief in Michigan
A Zoning Board of Appeals (“ZBA”) plays an important role in regulating the development of land. ZBAs interpret zoning ordinances, decide appeals from administrative decisions, and grant variances. A party…
A Prudent Reason to Perform a Survey
A recent decision by the Michigan Court of Appeals in Coosard v Tarrant, --N.W.2d--(2022) provides an interesting example of one court’s application of fraud to a set of disjointed facts.Plaintiffs…
Costs and Attorney Fees Under the Michigan Right to Farm Act
The Right to Farm Act (“RTFA”) was enacted to protect farmers. The Court in Northville Twp v Coyne, 170 Mich App 446 (1988) stated:The Legislature undoubtedly realized that, as residential…
Constitutionality of a Municipal Tree Ordinance
Many municipalities have enacted local tree ordinances that must be taken into consideration prior to new construction. These ordinances are usually permit driven and require approval to remove trees from…
Fraud in the Sale of Property
Purchasers of real estate frequently claim they were misled about the condition of a property. With the sizzling real estate market, sales are rushed and due diligence is often an…
IS CERCLA STANDING IN THE WAY OF A NEW SANDBOX
In Atlantic Richfield Company v Christian, 140 S. Ct. 1335 (2020), the U.S. Supreme Court touched upon the ramifications of being a Potentially Responsible Party (“PRP”) under the Comprehensive Environmental…