Property owners are often asked to grant utility easements to utility companies for the construction and maintenance of overhead electric, telephone and cable television lines and underground electric, water, and sewer, telephone, and cable television lines. However, unbeknownst to many property owners, the terms of their easement agreement may allow for the easement to be [...]
Under The Consolidated Omnibus Budget Reconciliation Act (“COBRA”), employees and their families are not entitled to COBRA coverage under the employer’s group health plan when an employee is terminated for “gross misconduct.” There will be no qualifying event under COBRA unless the voluntary or involuntary termination of employment is for reasons other than gross misconduct. [...]
In Christie v Fick, a recent unpublished Michigan Court of Appeals case (March 2, 2010, No.285924), the Court was asked to review whether a tenant alleging violation of Michigan’s Anti-Lockout Statute (MCL 600.2918) was entitled to exemplary damages. The Anti-Lockout Statute specifically states that “any tenant in possession of premises whose possessory interest has been [...]
Under Michigan law, a property’s taxable value is capped and may not increase by more than the rate of inflation until ownership of the property is transferred. However, there are certain types of transfers of ownership that are exempt from this rule and will not cause an uncapping of the taxable value. These no-transfer-of-ownership exemptions [...]
Many contracts have default provisions. These provisions set forth what actions or inaction must occur for a party to default under the Agreement and for the non-defaulting party to be entitled to recover damages and/or terminate that particular Agreement. In some circumstances, and often in the context of a loan, parties may enter into multiple [...]
In Michigan, persons in a learned profession requiring a license or other legal authorization to practice, including but not limited to, physicians, dentists, attorneys, and certified public accountants, must incorporate as a professional entity rather than a general business entity. The choice of professional entity will depend on a variety of factors, including tax considerations. [...]
When purchasing or selling real property in Michigan, parties often rely on their real estate agent to guide them through the process with their best interests in mind. However, this is only true of the buyer only agent or seller only agent. A dual agent, who represents both the buyer and seller in a transaction, [...]
When real property is transferred in the state of Michigan, both state and county transfer taxes are assessed based on the purchase price of the property. Transfer taxes are imposed when a deed transferred the ownership of land from one entity to another. However, until recently, the transfer tax did not apply if the buyer [...]
Joint tenants hold equal and undivided interests in a parcel, with a right of survivorship. When a joint tenant dies, the deceased’s interest does not descend to heirs. Instead, the entire ownership remains in the surviving joint tenant or tenants. This transfer occurs automatically upon the death of the joint tenant. Michigan recognizes two types [...]
On July 21, 2009, the Michigan Supreme Court ruled in McNeil v Charlevoix County, 2009 Mich. LEXIS 1572, that a local health agency had the authority to require employers to adhere to a more strict regulation regarding workplace smoking than was required under state law. In addition, the Court ruled that (a) the local regulation [...]
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