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Free Guide to Hiring a Real Estate Lawyer
Keego Harbor is a small city in Oakland County, Michigan, and real estate transactions there are governed by Michigan state law together with local ordinances and county recording rules. Real estate contracts and negotiations address the formation, terms, contingencies, performance and enforcement of agreements to buy, sell, lease or finance property. Common issues include purchase agreements, seller disclosures, title and survey matters, financing contingencies, earnest money and escrow, closing logistics, and post-closing disputes such as breaches or title defects. Waterfront and shoreline properties around Keego Harbor and nearby lakes add special considerations like riparian rights, dock permits, and environmental rules.
Real estate transactions often involve substantial financial and legal risk. A lawyer helps protect your interests and can be particularly valuable in the following situations:
- Complex purchase agreements with non-standard terms or unusual contingencies.
- Disputes over title, easements, boundary lines or surveys.
- Problems discovered in inspections, including structural issues, septic or sewer connection issues, or major repairs needed.
- Transactions involving waterfront property, wetlands or shoreline access where state or local environmental permits may be required.
- Sales that use land contracts or seller-financing arrangements, which require careful drafting to avoid forfeiture or default pitfalls.
- Foreclosure, short sale or distressed-property purchases where timelines and creditor rights can be complicated.
- Commercial transactions, condominium or homeowner association issues, and lease negotiations for residential or commercial tenants and landlords.
- Disagreements over closing costs, prorations, or earnest money refunds when a deal falls apart.
- When you are unfamiliar with Michigan statute requirements such as written contract rules or mandated seller disclosures.
Key legal aspects to know when dealing with real estate contracts in Keego Harbor include the following:
- Written Contract Requirement - Michigan law generally requires real estate transfers and significant lease agreements to be in writing to be enforceable. Oral agreements for the sale of land are typically void under the statute of frauds.
- Seller Disclosures - Sellers of residential property in Michigan must usually provide a written seller disclosure statement describing known defects and material facts affecting the property, unless an exception applies.
- Lead-Based Paint Disclosure - Properties built before 1978 require federal lead-based paint disclosures and any available inspection records.
- Title and Recording - Deeds, mortgages and other instruments must be recorded with the Oakland County Register of Deeds to provide public notice and protect priority. Title insurance is commonly used to insure against hidden title defects.
- Transfer and Recording Fees - Transfers typically involve recording fees and possibly transfer taxes or stamp taxes imposed at the state or local level; local clerk or county offices administer fees and recording requirements.
- Zoning, Permits and Shoreline Rules - Keego Harbor enforces local zoning and building codes. Waterfront lots may be subject to additional state environmental regulations and permits for docks, shoreline work and wetland impacts enforced by Michigan agencies.
- Land Contracts - Seller-financing and land-contract arrangements are used in Michigan and carry unique enforcement and default rules. Proper drafting is essential to protect both buyer and seller rights.
- Real Estate Licensing - Real estate brokers and agents must be licensed by the state. Licensed professionals should use standard forms and follow disclosure requirements, but their involvement does not replace legal review when issues are complex.
A valid purchase agreement should be in writing and include the legal description of the property, the purchase price, earnest money terms and escrow instructions, financing and inspection contingencies, a closing date, allocation of closing costs, title and deed provisions, any seller-provided disclosures, and signatures of the parties. Clear contingency language and deadlines help avoid disputes.
Yes, most residential sellers in Michigan are required to provide a written seller disclosure statement detailing known defects and material facts about the property. Certain transfers may be exempt, such as court-ordered sales, some transfers between co-owners, or new-construction sales covered by a builder warranty. Buyers should review disclosures carefully and investigate further when necessary.
If a home inspection reveals significant defects, you can typically negotiate repairs, a credit at closing, a reduced purchase price, or request that the seller fix issues before closing. If the purchase agreement included an inspection contingency, you may be entitled to terminate the contract if parties cannot reach agreement. Consult a lawyer before taking steps that affect contract performance or deadlines.
A title search examines public records to identify ownership, liens, easements and defects that could affect marketable title. Title insurance protects the buyer and lender against covered losses from unknown defects, forged instruments, or recording errors. Buyers commonly purchase an owner’s title insurance policy at or before closing to secure protection.
Typical contingencies include financing approval, satisfactory home inspection, clear title, appraisal at or above the purchase price, review of homeowners association documents if applicable, and satisfactory survey results. Contingencies should be clearly worded with specific deadlines for removal or cure.
Once parties sign a binding written agreement, either party backing out without an applicable contingency or mutual consent may be in breach and face remedies such as specific performance or monetary damages. The exact rights depend on contract terms and applicable Michigan law. Consult an attorney promptly if this situation arises.
Yes. Waterfront properties face additional considerations including riparian rights, restrictions on docks or seawalls, shoreline and wetland permits, potential floodplain issues, and special insurance needs. Environmental and state agency rules can affect permitted uses, so legal review and local permitting checks are important.
Earnest money is typically held in escrow and disbursed according to the contract or escrow instructions. If a buyer properly terminates under a stated contingency, they often receive a refund. If the buyer breaches, the seller may have the right to keep some or all of the deposit depending on contract language and local escrow practices. Disputes often require negotiation or legal action to resolve.
Closing timelines vary depending on financing, title issues and the complexity of the transaction. A typical financed residential purchase may take 30 to 45 days from contract execution to closing. Cash transactions can close more quickly. Unresolved title defects, lien releases or survey issues can delay closing substantially.
Consult an attorney early if you face nonstandard contract terms, title or boundary disputes, complex financing, a potential foreclosure or short sale, substantial inspection problems, seller-financing arrangements, commercial deals, or any time you feel unsure about rights and obligations. An attorney can review documents, negotiate terms, perform legal due diligence and represent you at closing if appropriate.
For local and state resources relevant to real estate contracts and negotiations in Keego Harbor consider contacting or consulting materials from:
- City of Keego Harbor - City Hall and the municipal office for zoning, building permits and local ordinances.
- Oakland County Register of Deeds - for recorded deeds, mortgages, and property records.
- Oakland County Treasurer and Equalization Department - for tax parcel information and tax obligations.
- Michigan Department of Environment, Great Lakes, and Energy - for shoreline, wetland and environmental permitting guidance.
- Michigan Department of Licensing and Regulatory Affairs - for real estate licensing and consumer information about agents and brokers.
- Michigan State Housing Development Authority and state housing assistance programs - for down-payment assistance and buyer education.
- Michigan State Bar and local bar associations - for lawyer referral services and resources to find an attorney experienced in real estate law.
- National and state real estate trade associations and local realtor boards - for standard forms and best-practice guidance from real estate professionals.
If you need legal assistance with a real estate contract or negotiation in Keego Harbor, consider the following practical steps:
- Gather Documents - Collect the purchase agreement, seller disclosures, title report, survey, inspection reports, any lender correspondence, HOA documents if applicable, and any prior deeds or easements you know about.
- Do a Preliminary Review - Read the contract to identify key dates, contingencies, financing requirements and escrow terms. Note any provisions that seem unclear or one-sided.
- Contact a Local Real Estate Attorney - Look for an attorney licensed in Michigan with experience in residential or commercial real estate depending on your matter. Ask about flat-fee contract review or hourly representation and get a clear scope of services.
- Prepare Questions - Ask about remedies for breach, contingency protections, title concerns, closing costs, allocation of repairs, and any local permit or environmental issues that may affect the property.
- Consider a Title Insurance Policy and Professional Inspections - Title insurance and professional inspections reduce risk from hidden defects. Consider a survey if boundaries or easements are unclear.
- Meet Deadlines - Be mindful of contingency removal, financing approval and closing deadlines in the contract. Missing a deadline can change the legal rights of the parties.
- Keep Records - Maintain copies of all emails, offers, counter-offers and signed documents. If a dispute arises, documentation will be critical.
Disclaimer - This guide is for informational purposes only and does not constitute legal advice. For advice tailored to your particular situation, consult a qualified Michigan real estate attorney.
