November 2022

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

The Importance of AS IS Clauses

By Glen Zatz, Bodman PLC

Sellers often use the “as is” clause in real estate purchase agreements to minimize potential liability to the buyers. In Coosard v. Tarrant (e-Journal # 77994), the Court of Appeals, in a recently published opinion, held that as a matter of law an innocent misrepresentation claim was precluded by the “as is” clause in the purchase agreement.

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Rafaeli, LLC v Oakland County Applies to Properties Sold Through Tax Foreclosure Before Rafaeli was

By Jason C. Long, Williams Williams Rattner & Plunkett, PC

In Schafer v Kent County, the Court of Appeals held that owners whose properties were sold through tax foreclosure, before the decision in Rafaeli, LLC v. Oakland County, 505 Mich 429 (2020), can recover surplus proceeds from a foreclosure sale regardless of whether the owners had actions pending when Rafaeli was decided.

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Legislative Report

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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.

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Write an Article

Interested in writing an article for the e-Newsletter? Contact co-editors Samuel Kilberg at or Glen Zatz at

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, Mike Luberto at 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.