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Real Estate Law

Michigan Ends 171-year-old Dower Rights Law

Posted on January 22, 2017
“ wife’s dower right is abolished and unenforceable either through statute or at common law.” MCL 558.30 With that simple sentence, Michigan’s 171-year history of providing dower rights to married women has ended, effective April 6, 2017. In a brief nutshell, dower laws were originally enacted during a time when women were not legally allowed ... CONTINUE READING

New Rule in Michigan for State Real Estate Transfer Tax

Posted on March 12, 2016
Update: (March 12, 2016) Now that the Michigan Department of Treasury has updated their refund application form and is no longer challenging this refund, our law firm will no longer be processing the initial application on behalf of clients. A copy of the new application form can be found here, and the information you will ... CONTINUE READING

Michigan Real Estate Tax – UPDATED New Transfer of Ownership Rules

Posted on October 23, 2014
At the end of 2013, Michigan added a new real estate tax law that said a transfer of residential real property is not a transfer of ownership for purposes of real estate tax uncapping if the buyer and seller are related by blood or affinity to the first degree. There were 2 main questions that ... CONTINUE READING

What You Should Know About the Home Closing Process in Michigan

Posted on August 16, 2014
Attorney Adam Zuwerink recently completed an interview for MichiganHomes.com about the real estate closing process in Michigan. Unlike many other states, Michigan does not require an attorney be involved with residential homes sales. But even though Michigan real estate brokers and title companies handle most residential closings, there is still a role to play for attorneys ... CONTINUE READING

Michigan Real Estate Tax – New Transfer of Ownership Rules

Posted on February 22, 2014
Oct. 2014 Update – Michigan has passed a new law expanding the categories of persons who can take advantage of this uncapping exemption. Michigan added a new real estate tax law beginning in 2014 that says a transfer of residential real property is not a transfer of ownership for purposes of real estate tax uncapping if the buyer ... CONTINUE READING

Michigan Real Estate Tax Exemption for Disabled Veterans

Posted on December 10, 2013
Update 8/26//14 – The Michigan State Tax Commission has published a new document titled P.A. 161 of 2013: Disabled Veterans Exemption – Frequently Asked Questions, which is a comprehensive guide to the timing of when disabled veteran’s are allowed to claim the exemption.   The State of Michigan recently passed a law allowing for disabled veterans who ... CONTINUE READING

Menard, Inc. v. Dep’t of Treasury: Who gets a Michigan sales tax refund on bad debt?

Posted on September 13, 2013
In a published opinion released by the Michigan Court of Appeals on September 12, 2013, retailers Menard’s, Sears and Art Van were denied a refund of the sales tax they paid on customer purchases that were charged off as bad debts by the retailers’ private label credit card financing companies. Many large retailers have their ... CONTINUE READING

Land Contract vs. Lease with Option to Purchase: Which is better for the Buyer?

Posted on July 24, 2013
Last month we took the perspective of the seller to discuss the pros and cons of a land contract versus lease with option to purchase. When everything goes according to plan, land contracts can be a win-win for both the seller and the buyer. But if the buyer stops making payments, a lease with option ... CONTINUE READING

Changes to Redemption Period Rights in Michigan Foreclosure Law

Posted on July 5, 2013
February 21, 2014 Update: Our office has been fielding a number of calls about the changes to the redemption rights in Michigan’s foreclosure laws described below, which became effective on January 10, 2014. Despite Governor Snyder’s letter to the legislature asking for follow up clarifying legislation, nothing has been changed as of late February. It ... CONTINUE READING

Michigan Land Contract vs. Lease with Option to Purchase: Which is better for the Seller?

Posted on June 24, 2013
Land contracts are a very popular way to transfer property, with 397 land contracts recorded in Muskegon County during 2012.  The most common use for a land contract is providing short term seller financing when a potential buyer is unable to obtain traditional bank financing. A land contract commonly provides for a down payment around ... CONTINUE READING