Kenneth V Zichi

Helping Livingston County residents navigate the legal system for 30 years. I focus on Wills, Trusts, Estate Planning and Probate, with a significant portion of my practice also concerning Real Estate and general civil litigation. If you have questions or issues with your home, a cabin up north, or want to insure your family is cared for after you are gone, I'd be happy to meet with you, perhaps bust some myths, and certainly insure YOUR and your family's needs are met. Call for an appointment today!

• Free Consultation
  Telephone [(810) 299-5222] or office conferences, 20 minutes or less. Longer conferences may incur a minimal fee.
• Contingent Fees

Michigan

Since 1986

Owner

Kenneth V . Zichi J.D.

1991 - Current

Mayor

City of Williamston (Michigan)

2000 - 2010

University of Michigan - Ann Arbor

J.D.

1983 - 1986

University of Michigan - Ann Arbor

A.B. | History / Communications

1977 - 1981

Honors: LS&A Honors College 1977-1979

State Bar of Michigan

Member

1986 - Current

estate and probate section Michigan bar

member

1986 - Current

Law and Media committee - State Bar of Michigan

member

2010 - 2015

Newsroom Seminar, WNEM TV/AM - Saginaw MI

March 15, 2013

State Bar of Michigan - Law & Media committee

An hour-long seminar addressing some of the common practical and substantive difficulties journalists encounter in covering the legal system in Michigan.

Q. We bought a house and found out they had bed bugs that were never disclosed, can we sue for treatment cost.

April 22, 2024

A: This is not an 'open and shut' case.

Bedbugs are not a 'structural' issue (the house is not compromised physically or functionally with that type of pest) -- it is more akin to a mouse getting into a house more than being like termites that are destroying the foundation in other words. And the previous use of the home is not something that is required to be disclosed -- so unless you ASKED and they lied about it, that won't matter. Let me continue with 'devil's advocate':

Because the infestation was 'advanced' doesn't mean they previous owner KNEW of it. (Did the previous tenant raise that issue with them? etc.) What sorts of proof do you have to show that? And how much money are we talking about? I assume less than the small claims limit of $7000? How much will you need to spend to prove their knowledge and what will it cost you to be taking time off work etc. -- If it's less than $500 to address the problem, you're GOING to spend more on court. If it is more than $5k then maybe it's worth the effort, but only IF you can get proof they knew and chose not to disclose.

Bear in mind that ESPECIALLY if they were renting the property out they may well not have known about this, and failure to disclose something they don't know is NOT going to make them liable. I'd urge you to consult with a local lawyer who can give you the 'lay of the land' and provide better info on what your judge/magistrate is likely to do.

ALSO bear in mind that just because you sue in small claims doesn't mean the matter will stay there. The defendants have the absolute right to remove the matter to general district court and you will need to comply with the court evidence and procedure rules there whether or not you have an attorney and that could work against you. If the damages are more than a few hundred, that is a significant risk. If they get a savvy enough attorney he could ask for an award of attorneys fees against YOU for bringing the suit if you're not careful.

Again, seek local legal advice before acting ... forewarned is forearmed! ... Read More

Q. what is the allowable interest that my michigan condo association charge on late once a year payment hoa fee?

April 19, 2024

A: Assuming they are dealing with an INDIVIDUAL, the standard usury law would apply.

What do the condo association documents say? Is that compliant with usury rules? Has anyone raised the issue with the condo board?

Condos are a rather strange animal especially when so many people suggest that smaller government is better, it never ceases to amaze me that they say this, and then voluntarily buy a house that has an additional layer of government without the protections built into all the 'official' layers.

In short, they can charge whatever interest they want so long as it doesn't run afoul of state usury laws and if you don't like that, you should not buy in a condo area! ... Read More

Q. If you sold a property on a land contract and now the person was buying it is trying to sell it.

April 18, 2024

A: In MICHIGAN the buyer on a land contract has what is called 'Equitable Title'.

While that entails certain limitations, that means they *can* LEGALLY sell their interest, and ... here's the kicker ... if they can do so before you complete the forfeiture or foreclosure on the land contract (including whatever redemption period there may be) then they can sell THEIR interest. Assuming they sell for MORE than what they owe you and what is owed in back taxes, they DO indeed get to 'keep' the extra, as they will pay off what they owe on the land contract before the 'eviction' (that's the wrong term, but it is what you used so...) which is all you are entitled to as the legal title holder, and you then have the OBLIGATION to turn the legal title over to them which they in turn will be obligated to transfer to their buyer.

The time line you present may not work but IF they can pull it off, they can indeed sell their interest and collect *a portion* of the money of that sale.

You absolutely NEED to have local legal help look things over and determine what your situation is. This varies from state to state! And your time line is 'tight' here. Seek that local legal representation asap. ... Read More