November 2021

An informative e-newsletter for the Real Property Law Section of the State Bar of Michigan.

What Are These? “Home Co-Investment” Plans

By Gregory J. Gamalski and Alexandra E. Dieck, Bodman PLC

Among the numerous solicitations filling our mailboxes is one unusual offer about a “home co-investment” program. With the program, legitimate by all accounts, an investor advances the value of the equity in the home without entering into a second mortgage or reverse mortgage. The homeowner essentially agrees to share future appreciation with the investor.

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COA Expands Warranty Deed Covenant Against Encumbrances

deed John D. Bartley, O’Reilly Rancilio P.C.

In an unpublished opinion, the Michigan Court of Appeals ruled that when a grantor executes and delivers a warranty deed, and the grantee later finds the property to be in violation of building codes with repairs required by the municipality, the grantee can collect damages from the grantor based upon a breach of the grantor’s warranty deed covenant against encumbrances. Galvan v. Poon (Mich App No. 76047, August 19, 2021, unpublished) In other words, if you sell property ”as is”, and provide a warranty deed, and if there are unresolved or even latent building code violations later found by the grantee, even if unknown to you, that grantee may recover damages against you under the warranty deed.

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Legislative Report

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Real Estate Outlook 2022

When: Nov. 11, 2021
Time: 9:00–10:30 a.m.

Program Chair: Scott R. Lesser, Miller Canfield

Speakers: Keynote: Randall Book (Colliers International)
Moderator: Ronald Reynolds (Fisher Phillips)
Panelists: Bill Bubniak (NAI Farbman), Ben Hammond (Hilger Hammond), Brandy Mathie (Electrify America), Mark Sturing (Beztak Companies)

Program Description:

The world is changing. Or is it? Join us for a keynote presentation on the state of the real estate market as the world continues the long process of reopening. We will follow that with a lively discussion among our panel of experts about the legal and business risks to look out for in 2022.

Registration Fees
Section Members $25, Non-Section Members: $35

For additional information, contact Karen Schwartz at: rplsks@gmail.com

Join a Committee!

Take the opportunity to get involved by writing for one of our publications, presenting at a conference or seminar, or joining one of the committees that cover virtually every area in real estate law. See our committees and how you can join or see the committees you're already subscribed to.

Note to Committee Members:
Communication settings for RPLS Special Committee members have been changed to "Daily Digest." This means when a message is posted on your Committee page, you will receive the message the day after it is posted.

Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at SKilberg@dykema.com or Glen Zatz at gzatz@bodmanlaw.com.

Can't remember where you saw that e-Newsletter article? Check the e-Newsletter article index.

We are also looking for suggested authors and topics for the Michigan Real Property Review. Please contact Chair-Elect, Jason Long at Jlong@wwrplaw.com for suggested topics and ideas.

The views and opinions expressed in these articles are those of the authors, and they do not reflect in any way the positions of the State Bar of Michigan or the Real Property Law Section. These columns are meant for informational purposes only and should not be construed as legal advice. IRS Circular 230 Disclosure: To ensure compliance with requirements imposed by the Internal Revenue Service, we inform you that any U.S. federal tax advice contained in this communication (including any attachments) was not intended or written to be used, and cannot be used, by any person for the purpose of (i) avoiding tax-related penalties or (ii) promoting, marketing, or recommending to another person any transaction or matter addressed in this communication.