Whether you are buying or selling your first home or are a seasoned real estate investor, our attorneys and staff have the experience you need to take you from offer through acceptance to closing. We can review your purchase agreement and seller’s disclosure statement to be certain all aspects are covered. We will assist you in securing a title company and review all title documents for accuracy. Living out-of-state? No problem. We will secure the necessary paperwork from you and act as your agent in your absence. Perhaps you decided to buy or sell on land contract. We’re got you covered! Maybe it is commercial real estate you are into. No worries there.
Earnest Money Deposit
It has happened quite often and more than likely, it has happened to you. You enter into a real estate deal and an earnest money deposit (EMD) is required to be held as the negotiations, inspections, appraisals, etc., are conducted. Yet, something goes wrong and the deal falls through. Who gets the EMD? No one is willing to budge and the EMD is stuck in an escrow account.
We can assist in evaluating the situation which led to the deterioration of the deal and negotiate with the other party for either a return to you of your paid EMD or, if you are the seller, the EMD provided to you due to the loss of the sale. Either way, we are experienced in negotiating EMD situations and will work diligently to assist you.
On the other side of the coin, as a realtor you are often stuck in the middle of these situations. Sometimes you are acting as a dual agent and feel it best not to be involved in who did what wrong. Let us know and we can assist with reaching an amicable resolution with both sides.
Being a licensed broker can be difficult. Your actions are closely scrutinized and it only takes one sour deal for someone to be less than pleased with your performance. Regardless of how hard you try to make your clients happy, there are just those that find fault in everyone but themselves. We have all heard of someone who received a complaint from the State of Michigan filed by an unhappy client. Often times, this is the result of a miscommunication or other misunderstanding. The last thing you want is to try and explain this to the State, for fear you may not make things clear to the investigating unit. Let us help.
With experience in handling State of Michigan inquiries, we know how to make your voice be heard and avoid any interruption in your license.
Quiet Title Actions
Often times when purchasing property, especially one which was a foreclosed property, you discover that there is a cloud on your title. Perhaps the property you purchased was not properly titled or deeds were never recorded. We can assist with removing those encumbrances and getting you the clear title you need to one day resell your property.
Quiet title actions often involve the filing of a lawsuit in the county where the property is located. However, in order to avoid this unnecessary cost, we attempt to reach the individuals who still hold an interest and negotiate this for you before we resort to litigation. If the negotiation is unsuccessful then, and only then, do we take the steps necessary to get a court order to be certain your property is lawfully yours.
As is usually the case, however, litigation is necessary. Those with an interest in the property are served with the lawsuit, a court-mandated period of time passes and then, so long as those individuals do not respond (which they rarely do), we ask the court to grant our request and a judgment is issued. This judgment is then recorded at the county register of deeds and your title is then clear of any encumbrances. This process isn’t a lengthy one – it can take as little as 60-90 days – however, it is suggested you contact us as soon as you are aware of the title issues so that proper evaluation can be conducted and we can act quickly.
Shortening of the Redemption (PA104)
New to the legislature is the Public Act 104 and the ability to now shorten the redemption period of lawfully acquired foreclosure properties which are vacant and/or in danger of being damaged by an unhappy homeowner.
After spending the time and money to investigate, bid, and secure title to property through auction, why would you want to wait out a six month redemption period for property that is vacant? As one of the top firms in Public Act 104 actions, we know what needs to happen to make certain that you get access to the property and further have clear title following the shortened redemption period
We can provide the homeowner with the required notices and further assist with the lawful eviction of those individuals or, in some cases, negotiate a “cash for keys” deal as an amicable resolution to an uncomfortable situation.
We can get you access to your property in a matter of weeks, not months!
Linnell & Associates is an experienced real estate law firm and has assisted on basic purchases and sales through complex condominium projects and commercial transactions. We will guide you through the process from start to finish and be certain everything goes smoothly.