When a property dispute threatens the largest asset you own
Real estate disputes escalate fast. An undisclosed defect turns into a repair bill nobody budgeted for. A fence that has stood for twenty years turns into a claim on part of your lot. A missed land contract payment turns into a fight over who keeps the property and everything already paid into it. And unlike most disputes, you cannot walk away from the place where you live.
As a Grand Rapids real estate attorney focused on disputes, I handle real property litigation in Grand Rapids, Kentwood, Cascade, Ada, Caledonia and across Kent County and West Michigan. You deal with me directly from the first call, and you get a candid read on what your claim is worth before you spend anything pursuing it. Big-Firm Power. Street-Level Grit.
These cases reward speed. Michigan’s adverse possession and acquiescence doctrines can turn long-standing use into legal ownership, and the evidence of a defect disappears the moment someone repairs it.
Real estate disputes I handle in Grand Rapids and across Michigan
- Seller disclosure claims over known defects left off the Seller Disclosure Statement
- Breach of purchase agreements, including failure to close, contingency disputes and earnest money claims
- Boundary disputes, including adverse possession and acquiescence
- Easement disputes, including creation, scope, interference, termination and prescriptive easements
- Land contract forfeiture and foreclosure, for sellers who need to enforce and buyers who need to save the property
- Quiet title actions to clear clouds on title, defective deeds and competing ownership claims
- Landlord-tenant and commercial lease disputes, on either side
- Construction defect and contractor claims, including construction lien issues
Michigan’s Seller Disclosure Act
Michigan’s Seller Disclosure Act requires most sellers of residential property to deliver a completed Seller Disclosure Statement to the buyer before a binding purchase agreement is signed, and some sellers are exempt. The statutory form, prescribed by MCL 565.957, works as a structured checklist covering the roof, basement and crawl space, plumbing, electrical, heating and cooling systems, appliances, structural problems, encroachments, environmental conditions and known legal issues affecting the property. The Act does not create its own lawsuit. A buyer who receives the statement after signing a binding purchase agreement may terminate it, but only by written notice within 72 hours after in-person delivery or 120 hours after delivery by registered mail, with the right ending at transfer by deed or land contract, and a seller who lied or hid a known defect faces claims for fraud or silent fraud.
The duty turns on knowledge
A seller does not have to inspect the property or hunt for conditions they do not know about. What a seller cannot do is know of a condition and conceal or misrepresent it. In nearly every disclosure case the fight is over what the seller knew and when they knew it.
Silent fraud
Michigan recognizes silent fraud, and it reaches conduct a narrow reading of the form might miss. It is liability for failing to disclose where there was a legal duty to speak, such as a partial statement that creates a false impression or a direct question answered incompletely.
In practice, a seller who writes “no known defects” while holding a contractor’s report that describes an active structural problem faces exposure beyond the four corners of the form. It also means your direct questions during the deal matter, and the emails and texts from the negotiation are often the most valuable evidence in the case.
Boundary disputes: adverse possession and acquiescence
Michigan law recognizes that long-standing use can change a legal boundary. Two doctrines do most of the work, and the difference between them decides many cases.
Adverse possession
A claimant must show possession that is actual, visible, open and notorious, exclusive, continuous and uninterrupted, hostile and under a claim of right, meaning without the owner’s permission, and must prove it by clear and cogent evidence. The period is usually 15 years and can be shorter in some deed-based situations. Every element has to be established, and permissive use defeats the claim. That is why giving a neighbor written permission to use a strip of your land, however backwards it feels, is one of the most effective ways to protect your title.
Acquiescence
When adjoining owners treat a line as the boundary for the statutory period of 15 years, a court may fix that line as the legal boundary. Acquiescence does not require the hostility that adverse possession does. It can also arise from a dispute settled by agreement, or from a deed intended to reach a marked line. Two friendly neighbors can be mistaken about where the line is, and a fence set in the wrong place decades ago can become the boundary regardless of the recorded description. If you think a neighbor is encroaching, the clock is running against you.
Land contracts: forfeiture and foreclosure
Land contracts are still common across West Michigan, and both sides routinely misunderstand what happens when payments stop. There are two distinct remedies, and picking the wrong one costs months.
Forfeiture
Where the contract allows it, the seller serves a notice of forfeiture that gives the buyer a short statutory window to cure the default. If the buyer does not cure, the seller files a complaint for possession in district court. Forfeiture ends the contract and returns possession to the seller, and the buyer generally loses what was paid in. Even after a judgment for possession, the buyer can stop the writ of restitution by paying the amount stated in the judgment plus costs, and the writ cannot issue for 90 days after judgment, or six months if half or more of the price has been paid. It does not produce a money judgment for the unpaid balance.
Foreclosure
The seller can instead sue in circuit court to foreclose the land contract and seek a judgment for the amount owed along with a sale of the property. It is slower and costs more than forfeiture, but it can reach a deficiency when the property is worth less than the balance. After a foreclosure sale, a land contract buyer generally has six months to redeem the property.
The buyer’s position
Buyers have real rights here. There is a right to cure within the statutory period, and there are defenses where the notice was defective, the seller ignored the contract terms, payments were misapplied, or the seller accepted late payments for so long that strict compliance was waived. Many buyers who receive a forfeiture notice assume the home is already gone. Often it is not, but the window is short. If a judgment for possession enters, an appeal or postjudgment motion is generally due within 10 days.
Deadlines that decide Michigan real estate cases
- Contract claims, which cover most purchase agreements and land contracts, are generally subject to a six-year period under MCL 600.5807, counted from the breach. Many contracts shorten the time to sue, so read yours first.
- Injury to property is generally subject to a three-year period.
- Adverse possession and acquiescence usually rest on 15 years of the required possession or treatment of the boundary.
- Fraud and silent fraud claims are generally subject to a six-year period under MCL 600.5813, counted from when the wrong was done, not from when you found it. If the seller took steps to hide the claim from you, MCL 600.5855 can extend the time to two years after you discover, or should have discovered, it. Silence alone usually is not enough.
Which period applies depends on how the claim is characterized, and the same facts can support theories with different deadlines. Get the timeline evaluated early. My post on the Michigan breach of contract deadline covers the six-year period in more detail.
Quiet title actions in Michigan
A Michigan quiet title action asks a court to decide ownership and clear competing claims or clouds on title. Common triggers in Michigan include a paid mortgage that was never discharged of record, a defective or improperly executed deed, a forged instrument, a disputed easement, boundary claims, and title problems that come out of tax sales or foreclosures. My post on a quiet title action in Michigan covers when a property dispute needs a court.
The judgment establishes who owns what, which is usually what a title insurer or lender needs before the property can be sold or refinanced. These actions carry specific pleading and service requirements, including service on unknown claimants in some cases. Getting them right the first time avoids doing the whole process twice.
How a Michigan real estate case moves
Documents and investigation
I start with the purchase agreement, the Seller Disclosure Statement, inspection reports and every communication from the transaction. In parallel I look into what the seller knew: permit history, prior listings and photographs, insurance claims, contractor invoices and, where useful, neighbors who saw the condition or the repairs.
Retained consultants and evidence
Most defect cases need a qualified professional to establish the nature of the problem, how long it has existed and what it costs to fix. In structural, moisture and environmental cases that opinion is effectively the case, so I bring in retained consultants early and choose them for credibility, not price.
Demand and negotiation
A demand letter that lays out the evidence of the seller’s knowledge and the legal basis resolves a meaningful share of these disputes. Sellers often do not grasp their exposure until it is set out with the documents attached.
Filing, discovery and resolution
If suit is necessary, discovery focuses on the seller’s knowledge: their documents, their communications and their depositions, and often those of the agents. Many cases settle once that knowledge is established. Boundary cases follow a different path, built around the survey, historical evidence of use, and testimony from prior owners and long-term neighbors. Some commercial real property disputes can qualify, and my post on business court eligibility for commercial real property explains the statute.
Protecting yourself before you buy
- Read the Seller Disclosure Statement closely. Anything marked “repaired” or “unknown” invites a written follow-up question, and written answers are evidence.
- Hire a qualified inspector for any system your general inspector flags. Michigan basements in particular reward a careful look.
- Order a survey, especially on rural, wooded or older platted parcels where fences and drives may not track the legal description.
- Pull the permit history. Unpermitted additions and repairs create safety and title problems.
- Keep every text and email from the negotiation.
Michigan real estate questions I hear most
The seller didn’t disclose a defect. Do I have a claim in Michigan?
Possibly. Michigan’s Seller Disclosure Act requires most home sellers to give the buyer a written statement, but the Act itself gives no remedy for an innocent misstatement, and some sellers are exempt. If the seller knew of a material defect and lied about it or hid it, the claims are fraud or silent fraud. The analysis turns on what the seller actually knew and precisely what the form said, so bring the disclosure statement and the inspection report.
Should I repair the defect before talking to a lawyer?
Document it before you fix it. Take photographs and video, get a written assessment from a contractor or engineer, and add moisture readings if water is involved. Basement, crawl space and foundation problems are common examples, and once the work is done the proof of what was wrong and how long it had been there is gone. Keep the Seller Disclosure Statement and your inspection report with those records, since the case will turn on what the seller knew. If the condition is unsafe or causing ongoing damage, fix it, but keep every invoice and report.
My neighbor has used part of my land for years. Can they claim it?
They may be able to, through adverse possession or acquiescence. Adverse possession requires possession that is actual, open, exclusive, continuous and without permission. Acquiescence can fix a boundary where both owners simply treated a line as the boundary for the statutory period, with no hostility required. If this worries you, act before the period runs.
A fence has been in the wrong place for 20 years. Whose land is it now?
That is the classic acquiescence fact pattern, and the fence may well be the legal boundary. It is fact-intensive: how long the line was treated as the boundary, what each owner did and said, whether there was ever a dispute, and what a current survey shows. Do not assume the recorded description controls after that much time.
I’m a land contract seller and my buyer stopped paying. What do I do?
You generally choose between forfeiture and foreclosure. Forfeiture means notice, an opportunity to cure, then a complaint for possession in district court. Foreclosure happens in circuit court and is slower, but it can reach a money judgment. The right path depends on the contract, the buyer’s equity and whether you want the property back or the money. A defective notice can be an expensive mistake, so have it reviewed before it goes out.
I’m a land contract buyer who fell behind. Can I save my home?
Often there is room to fight. The process is built around a chance to cure, and defenses exist where the notice was defective, the seller did not follow the contract, payments were misapplied, or late payments were accepted for so long that strict compliance was waived. Call the day the notice arrives, not when the hearing date is close.
What is a quiet title action and when do I need one?
It is a lawsuit that asks a Michigan court to decide who owns the property and to clear competing claims. The usual triggers here are a paid mortgage that was never discharged of record, a defective deed, or a problem left behind by a tax sale or foreclosure. You typically need one when a title company will not insure the property or a lender will not finance it because of the cloud on title. The pleading and service rules are specific, including service on unknown claimants in some cases, and a mistake can mean doing the whole case twice.
The other side backed out of the purchase agreement. Can I make them close?
Possibly. Because real property is treated as unique, specific performance, an order to complete the sale, can be available where money damages would be inadequate. Whether you can get it depends on the purchase agreement, whether the contingencies were satisfied and whether you performed your own obligations. The alternatives are damages and an earnest money claim. A contract claim is generally subject to a six-year period under MCL 600.5807, counted from the breach, but many agreements shorten it, so read yours first.
Someone is using a path or driveway across my property. Can I stop it?
That depends on whether they hold an easement and how far it extends. Easements can be express and recorded, implied, created by necessity, or prescriptive, arising from long-continued use. If there is no easement you may be able to stop the use. If there is one, the question becomes whether current use exceeds what was granted. A title search and a survey are where I start.
What about problems with my builder or contractor?
Construction disputes run under a different framework than seller disclosure claims, involving the construction contract, workmanship standards, licensing and Michigan’s construction lien procedures if a lien has been recorded against your property. Deadlines differ too. Bring the contract, all change orders, the payment history and any inspection reports.
Do I need a Grand Rapids real estate attorney if I have a real estate agent?
They do different jobs. Your agent handles the transaction and cannot give you legal advice or represent you in a dispute. Texts and emails with an agent are generally not protected by the attorney-client privilege, so the other side can often ask for them in a lawsuit. When a problem with the Seller Disclosure Statement, a title defect or a threatened lawsuit comes up, you need counsel whose duty runs only to you.
Can I sue the home inspector who missed the problem?
Sometimes, though these claims are hard. The inspection agreement usually decides the question: it sets the scope of the inspection and may limit liability to the inspection fee, so what could only be found by opening walls or floors may be outside the inspector’s duty. Water in a basement or crawl space is a common example, and the issue becomes whether the damage was visible on the day of the inspection. Where something plainly visible and within scope was overlooked, a negligence claim may exist. Bring the signed inspection agreement along with the report.
I’m the seller and the buyer is threatening to sue. What now?
Stop writing to the buyer about the problem, because messages explaining yourself become exhibits. The case will turn on what you actually knew and what you put on the Seller Disclosure Statement. A seller does not have to inspect or hunt for conditions they did not know about, so a defect you never knew of is a different case from one you knew of and left off the form. Gather the statement, repair records, contractor reports, the listing history and your messages with your agent, and bring them before you answer anything.
My neighbor and I want to agree on the boundary. Can we do that?
Yes, and it is often the outcome that serves everyone. Adjoining owners can settle a boundary by agreement, documented in a properly drafted and recorded boundary line agreement and sometimes paired with an exchange of quit claim deeds. Recording it correctly matters, because an informal understanding can be hard to prove and can recreate the dispute for whoever buys next.
What should I bring to the first meeting?
The purchase agreement and addenda, the Seller Disclosure Statement, inspection and follow-up reports, photographs, repair estimates and invoices, the title commitment or policy, a survey if you have one, and every communication with the seller and agents. For a boundary dispute bring your deed and any survey. For a land contract matter bring the contract, the payment history and every notice sent or received.
Talk to a Grand Rapids real estate attorney about your property dispute
Whether you need a real estate litigation attorney or a property dispute lawyer in Grand Rapids, I handle your case myself. Contact me 24/7 by text or WhatsApp at (616) 295-7414, a number for texts and WhatsApp that is separate from the office lines. Your Rights, My Fight! Call for a free initial consultation.
Law Offices of Mitchell S. Bisson 2828 Kraft Ave SE, Suite 295 Grand Rapids, MI 49512 (616) 213-3327 | MBisson@BissonLegal.com
Related: my Grand Rapids civil litigation attorney and Grand Rapids business litigation attorney pages cover contract and commercial disputes that overlap with property cases. If someone was hurt on a property, see my Grand Rapids personal injury lawyer page. If a judgment needs to be challenged, see my Michigan appeals lawyer page. For short answers on other Michigan questions, see the Michigan legal FAQs page.
This page provides general information about Michigan law and is not legal advice. Reading it does not create an attorney-client relationship. Laws change and every case turns on its own facts. Consult a licensed attorney about your specific situation.