Michigan Real Estate Law
A real estate transaction is likely the largest financial commitment you will ever make. We represent buyers, sellers, and property owners across Oakland County and Southeastern Michigan — reviewing purchase agreements, title commitments, and closing documents so nothing slips through before the deal is done.
Do You Need a Real Estate Attorney in Michigan?
Michigan does not require buyers or sellers to hire an attorney to close a real estate transaction. But the question worth asking isn't whether the law requires one — it's whether you can afford to close without one.
Your agent is legally prohibited from giving you legal advice. They can show property, negotiate price, and coordinate the transaction. What they cannot do is explain what a title exception means, flag a defect in the Seller's Disclosure Statement, or tell you whether a purchase agreement clause puts you at risk. That gap is exactly where a real estate closing lawyer earns their fee.
A single overlooked title defect, an ambiguous contingency, or an undisclosed encumbrance can cost far more to resolve after closing than the attorney fee you paid to prevent it. The cost-benefit case for legal representation on a six- or seven-figure transaction is straightforward.
Residential Real Estate Transactions
Buyers and sellers working through the purchase and sale of a home need more than a standard form agreement. We review every document in the transaction — purchase agreement, title commitment, disclosure statement, and closing package — so you understand what you're signing and what it means.
Commercial Real Estate Transactions
Commercial deals involve longer timelines, more complex due diligence, and higher stakes. We represent buyers, sellers, landlords, and tenants on acquisitions, dispositions, and lease negotiations across Oakland County and Southeastern Michigan.
For Sale By Owner (FSBO)
Selling without an agent saves you the commission — typically around 6% of the sale price in Michigan. It does not eliminate the legal requirements. We handle purchase agreement preparation, disclosure compliance, and closing support so FSBO sellers and buyers complete the transaction correctly.
Surplus Proceeds Recovery
When a property sells at tax foreclosure for more than the amount owed in back taxes, the former owner may be entitled to the difference. Michigan law sets strict deadlines for claiming those funds. We help former property owners pursue what they're owed before the window closes.
What Buyers and Sellers Tell Us They Were Most Worried About
The three concerns we hear most often — and how we address each one:
The fear of costly mistakes on the biggest purchase of your life.
We review every closing document and the title commitment before you sign anything. If something is wrong, you know before it becomes your problem.
The gap your agent cannot fill.
Michigan law bars real estate agents from giving legal advice. We sit in that gap — answering the legal questions your agent is not permitted to address and advising you on what the documents actually mean.
Hidden title or disclosure problems.
Title commitments carry exceptions that can affect your ability to use, sell, or finance the property. Disclosure statements can omit material facts. We review both with the same scrutiny we apply to every document in the file.
Frequently Asked Questions About Michigan Real Estate Law
Do I need a real estate attorney in Michigan to buy a house?
No — Michigan law does not require it. But your agent cannot give you legal advice, and no one else at the closing table is reviewing the documents on your behalf. An attorney is the only professional in the transaction whose job is to represent your legal interests.
What does a real estate closing lawyer actually do?
We review the purchase agreement, title commitment, seller's disclosure statement, and closing package before and at closing. If a document contains a term that puts you at risk or a title exception that affects ownership, we identify it and address it before you're bound.
What is a title commitment, and why does it matter?
A title commitment is the title company's preliminary report on the condition of the title to the property. It lists exceptions — easements, liens, restrictions, and other encumbrances — that will not be covered by the title insurance policy. Reviewing those exceptions tells you what you're actually buying.
Can I use a Michigan real estate attorney for a FSBO transaction?
Yes, and many FSBO buyers and sellers do. We handle the purchase agreement, disclosure compliance, and closing documents — the legal work that would otherwise fall to agents who are prohibited from providing it.
What is the deadline to claim surplus proceeds after a Michigan tax foreclosure?
The statutory deadline is strict and varies based on the foreclosure timeline. Missing it can forfeit your right to funds you are legally owed. If you believe you may have a surplus proceeds claim, contact us as soon as possible.
Does MBRE handle real estate matters outside of Oakland County?
For document-based and transactional work, yes. We serve clients across Southeastern Michigan and handle transactions statewide when the work is document-driven rather than requiring a local court appearance.
Our practice is anchored in Rochester Hills, and we regularly work with clients in Rochester, Royal Oak, and Auburn Hills. We represent buyers, sellers, landlords, and tenants throughout Oakland County — and handle transactional matters statewide when the work can be done remotely.
If you are in the middle of a transaction, reviewing a purchase agreement, or trying to understand what a title commitment is telling you, we are ready to help.