Real Estate Law

Full-Service Skills In One Package

Do you have a real estate matter in Michigan including Kalamazoo area? Whether you have a purchase or sale agreement for property, a residential/commercial lease, a zoning/land use dispute, a proposed construction or development, or a legal dispute with a neighbor or another party, hiring experienced counsel can help you protect your interests and give you the strongest likelihood of securing a favorable resolution to your matter. Contact Herbert Machnik Law Firm today for an initial case evaluation with a residential and commercial real estate attorney to discuss your situation and learn how we can guide you with tailored legal advice and innovative solutions that can help you seek an effective outcome for your matter.

Real Estate Legal Services We Provide

At Herbert Machnik Law Firm, our Michigan real estate attorneys can help you with transactions, projects, or legal matters such as:

Purchase or Sale Agreements – Our firm can guide you through each step of the process of consummating a purchase or sale of property, including title review, negotiating contract terms, and representing you during closing.
Real Estate Development Projects: Zoning, Land Use, and Permits – We can assist you with completing a real estate construction or development project in Kalamazoo and throughout Michigan, including obtaining building permits, securing zoning or land use variances, and negotiating contracts with construction companies. Our attorneys can also represent you when legal disputes over local government approvals for your project arise, acting as dedicated zoning and land use attorneys.
Boundary Line and Other Property Rights Disputes – Our firm represents clients engaged in legal disputes or litigation over various property rights, including conflicts over property lines or easement rights and litigation involving Lake Michigan and inland lake riparian rights disputes. This includes acting as a property boundary dispute attorney for conflicts over property lines, and handling quiet title actions in Michigan. We also manage litigation concerning easement rights and other land use conflicts.
Easements – We can help you negotiate easement agreements or help you understand how existing easements on your property may affect your title or property rights. Our firm also has experience handling litigation involving the creation or termination of easement rights.
Leases – Our firm can help you negotiate a residential or commercial lease agreement to address critical issues that may arise in a landlord-tenant relationship, such as maintenance obligations, tenant allowances, lease payments, lease renewals, and provisions for terminating tenancies.
Financing – We can represent you in negotiations to obtain funding for a proposed real estate deal, reviewing terms to help you receive a fair and favorable agreement.

Key Aspects of Michigan Real Estate Law

The attorneys of Herbert Machnik Law Firm have extensive experience guiding clients through all aspects of Michigan real estate law. Our firm can assist you with critical legal issues in real estate deals and projects, such as:

Disclosure Requirements in Real Estate Contracts – In Michigan, the law imposes various disclosure requirements in real estate agreements, including seller disclosures in purchase contracts that communicate the property’s condition to the buyer. These disclosures can form the basis of representations and warranties in parties’ agreements.
Titles and Deeds – Michigan law only allows sellers to convey whatever title they may own. As a result, legal problems may arise when a property seller has defects in their title, such as breaks in the chain of title or liens/encumbrances on the property. The law governing property deeds also affects parties’ title and property rights, as parties may transfer title through deeds such as warranty deeds, special warranty deeds, or quitclaim deeds.
Easements and Property Lines – The law governs property owners’ rights regarding the establishment of boundary lines and easement rights. For example, neighbors can resolve boundary disputes through quiet title actions, which allow courts to determine the correct property line. Legal actions can also resolve disputes regarding the existence or validity of easements – rights to use others’ property – or establish easements through prescriptive use or to facilitate the use of another parcel of property.
Landlord-Tenant Issues – Michigan law imposes specific rules and obligations for landlord-tenant relationships, especially in residential leases. Our firm assists clients in navigating legal issues that arise in commercial and residential leases, including payment disputes, contract breaches, maintenance disputes, renewals, and eviction proceedings.

Legal Considerations for Buying or Selling Property in Michigan

At Herbert Machnik Law Firm, our real estate attorneys can guide you through the process of buying or selling property in Michigan, protecting your legal interests and financial considerations. Our legal team can assist you with all the concerns of a real estate transaction, including:

Contract Negotiations and Review – Careful contract negotiations can help you establish critical legal protections in a real estate purchase and sale agreement. Our experienced attorneys possess the negotiation skills and in-depth understanding of real estate law to secure your interests in a purchase agreement effectively.
Title Search and Securing Insurance – Property buyers should conduct title searches to ensure that a seller has a marketable title. Buyers should also obtain title insurance that can provide financial support when legal action becomes necessary to resolve defects in a property title.
Due Diligence – Our firm assists property buyers with due diligence before closing, including organizing property inspections and ensuring the accuracy of the seller’s disclosures.
Ensuring Proper Documentation and Disclosures – Our attorneys can assist you in resolving any final issues that may arise before closing and preparing the necessary paperwork to carry out the transaction.

Real Estate Disputes and Litigation

Real estate matters sometimes lead to legal disputes or litigation between parties involved in a transaction. As experienced litigators, our firm can assist you with legal conflicts arising from real estate issues such as breach of real estate contract litigation Michigan, undisclosed property defects, or contractor disputes.

Breaches of purchase agreements
Undisclosed property defects or zoning, land use, or building code violations
Zoning issues, including variance applications and requests for rezoning
Lease violations
Contractor disputes, including payment issues, project delays, conflicts over project scope, and defective workmanship claims

Parties who face the potential for a real estate dispute should seek legal representation as early as possible. Having legal counsel early in a legal dispute can help you resolve conflicts with other parties before they escalate and become more challenging and expensive to fix. Early legal intervention can also preserve more of your options for resolving a real estate dispute favorably. At Herbert Machnik Law Firm, our real estate attorneys can represent your rights and interests in settlement discussions, mediation, arbitration, or litigation.

Why Choose Our Michigan Real Estate Lawyers?

When you have a real estate matter, your choice of legal counsel can help you protect your legal and financial interests during a transaction or project. Turn to the real estate attorneys from Herbert Machnik Law Firm to guide you through your case and advocate for you because:

We take the time to sit down with you to understand your needs, concerns, and goals so we can identify legal solutions tailored to your situation. We recognize that a “one-size-fits-all” approach does not appropriately protect your property or financial interests.
Our attorneys bring a diverse range of experiences to the table, allowing our firm to partner you with the proper support for your case.
Our lawyers use a team-based approach to working on clients’ cases, enabling us to achieve cost-effective results for you.
We work hard to provide approachable and compassionate legal services. Our firm will put you at the center of everything we do. Our attorneys and staff will respond to your calls and emails quickly and always keep you up to date on the progress of your matter.

Contact Us Today for Help with Your Real Estate Needs

When you have a real estate matter in Michigan, hiring a seasoned attorney can give you the best chance of securing a favorable resolution to your case. Contact Herbert Machnik Law Firm today for a confidential consultation with our team to learn more about our real estate services and discuss how we can help you protect your property rights or financial interests.

Frequently asked questions for real estate lawyers

Do I need an attorney for a real estate closing in Michigan?

While Michigan does not legally require an attorney for every closing, having one is highly recommended. Unlike a title company or real estate agent, a real estate attorney provides legal advice, reviews the “fine print” for hidden liabilities, and ensures that the deed and title documents are legally sound to prevent future litigation.

What is a "Quiet Title" action in Michigan?

A quiet title action is a legal proceeding used to “quiet” any challenges or claims to a property’s title. This is common in boundary disputes, inherited property issues, or cases where there is a “break” in the chain of title. Our firm handles these actions to ensure you have a clear, marketable title.

What should I look for in a Michigan commercial lease?

Commercial leases are often complex and favor the landlord. You should pay close attention to Common Area Maintenance (CAM) charges, “Triple Net” (NNN) responsibilities, tenant improvement allowances, and assignment clauses (your right to sell your business and transfer the lease). We review these to ensure your business isn’t caught by surprise costs.

How do I resolve a boundary dispute with a neighbor?

In Michigan, boundary disputes are often settled through land surveys and legal doctrines like “acquiescence” or “adverse possession.” If a neighbor has treated a certain line as the boundary for over 15 years, the legal boundary may have shifted. We help clients negotiate these disputes or litigate them when necessary.

What is the difference between a Warranty Deed and a Quitclaim Deed?

A Warranty Deed guarantees that the seller owns the property and has the right to sell it, providing the highest level of protection for the buyer. A Quitclaim Deed transfers whatever interest the person has (if any) without any guarantees. Quitclaim deeds are common in divorces or family transfers but are risky in standard sales.