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Maverick, Lawyer
Category: Real Estate Law
Satisfied Customers: 5735
Experience:  20 years professional experience
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UNDER MICHIGAN LAW have an executed land contract. Seller

Customer Question

have an executed land contract.
Seller failed to have the land contract notarized.
Seller has not recorded it yet either with Register of Deeds
Buyer now in default has left.
Can a land contract NOT notarized between the parties and NOT recorded yet, still be legally enforceable.
Seller wants to go after Buyer for damages caused to his property and past due payments ( contract does provide for recovery of both).
Submitted: 3 months ago.
Category: Real Estate Law
Expert:  Samuel-II replied 3 months ago.


This is Samuel. I will discuss this and provide you information in this regard.
A Land Contract is not mandated to be Notarized. It can still be enforced in a civil suit for breach of contract as long as it was signed legitimately by both parties.

Customer: replied 3 months ago.
I need caselaw to that effect ??
Also this land contract was not recorded yet
Need caselaw to back up these arguments under Michigan law
Do you have case law for both
1 no notary required
2 . Still enforceable even if not recorded yet
See mcl 565.351
Thanks Victoria *************
I'm stumped!!
Expert:  Samuel-II replied 3 months ago.

I cannot provide any case law. I will opt out and maybe another professional will provide it. I apologize for any inconvenience.

Expert:  Maverick replied 3 months ago.

Welcome to Just Answer (“JA”)! My name is Maverick.

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The requirement that the contract be acknowledged by a notary public only affects the recordability, and not the enforceability, of the land contract. See McKenzle v West Detroit Land Co., 241 Mich 129, 216 NW 438 (1927).

See also MCLA 565.351-.354; MSA 26.671-.674; Clawson Lumber Co. v Gray, 261 Mich 173; 246 NW 59 (1933), Mler v Hadden, 148 Mich 488; 111 NW 1040 (1907).

Expert:  Maverick replied 3 months ago.

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