From the closing table to the courtroom, real estate decisions in Southeast Michigan demand counsel that understands both the deal and the ground it sits on.
Real Estate Attorneys in Ann Arbor, Michigan
A commercial lease with a missing escalation clause. A title defect, discovered three days before closing. A boundary dispute that started with a fence and ended in circuit court. A deed to a family member or related limited liability company that unintentionally “uncaps” the real property taxes, costing thousands. Real estate problems rarely announce themselves on a predictable schedule, and when they do surface, the financial stakes tend to be substantial.
In Washtenaw County and across Southeast Michigan, strong property values and substantial commercial and residential real estate activity mean that even seemingly routine transactions can involve meaningful financial exposure.
Conlin, McKenney & Philbrick, P.C. represents real estate buyers and sellers, investors, developers, contractors, landlords, tenants, municipalities, and lenders in both transactional and litigation matters throughout Southeast Michigan. The firm’s real estate practice covers the full lifecycle of a property: acquisition, financing, development, leasing, management disputes, and sale or other disposition.
Commercial Transactions and Development
Commercial real estate transactions involve layers of legal risk that residential deals rarely present. CMP Law’s real estate attorneys handle purchase and sale agreements, due diligence review, entity structuring for property ownership, financing documentation, and closing coordination. The firm works with developers on site acquisition, construction contracts, and regulatory approvals, including zoning applications, site plan review, and environmental compliance.
When a development project requires municipal approvals or infrastructure agreements, CMP Law’s municipal law team provides coordinated counsel. When the financing involves complex loan structures or SBA lending, the firm’s banking practice group handles the documentation. This ability to address multiple legal disciplines under one roof reduces the delays and communication gaps that arise when a transaction requires more than one law firm.
On the sale side, CMP Law’s real estate attorneys work to protect the seller against surprises that could derail an expected closing, including proactively reviewing title for problems requiring resolution. When a Section 1031 exchange is desired, the firm works with the seller to arrange for a qualified intermediary.
Residential Real Estate and Title Issues
Michigan is a “buyer beware” state for residential real estate, which makes the quality of legal counsel before closing especially important. CMP Law assists buyers, sellers, and lenders with purchase agreement review, title examination, deed preparation, and closing representation. The firm is approved counsel for Nations Title Insurance Co. and Ticor Title Insurance Co., and its attorneys resolve title defects, lien priority disputes, and recording errors that can delay or derail a transaction.
Michigan imposes both a state transfer tax ($3.75 per $500 of value under the State Real Estate Transfer Tax Act) and a county transfer tax ($0.55 per $500 under the County Real Estate Transfer Tax Act). Certain transfers qualify for statutory exemptions, including transfers between spouses, certain transfers involving trusts where beneficial ownership does not change, and transfers pursuant to court orders. Michigan also “uncaps” property taxes (usually substantially increasing the property taxes) on transfers of real property, with certain exceptions that are critical to consider in any real estate transfer involving related parties. CMP Law’s real estate team coordinates with the firm’s estate planning attorneys when a property transfer involves trust funding, gifting strategies, or multi-generational ownership structures.
Commercial and Residential Leasing
A well-drafted lease protects the landlord’s investment and defines the tenant’s rights with precision. CMP Law negotiates and drafts commercial leases for office, retail, and industrial properties, addressing rent escalation, maintenance obligations, insurance requirements, assignment and subletting restrictions, and default remedies. For multi-tenant properties, the firm structures common area maintenance allocations and coordinates lease terms across the tenant mix.
On the residential side, the firm advises property owners on compliance with Michigan’s Truth in Renting Act, the Michigan Security Deposit Act, and Ann Arbor and Ypsilanti city zoning provisions applicable to residential leases, and prepares lease agreements that reflect current law. When disputes arise over security deposits, lease termination, or habitability issues, the firm’s general civil litigation team handles enforcement or defense.
Real Property Disputes and Litigation
Not every real estate matter resolves at the closing table. CMP Law litigates boundary disputes, easement conflicts, quiet title actions, construction defect claims, mechanic’s lien enforcement, and landlord-tenant disputes in Washtenaw County Circuit Court and courts throughout Southeast Michigan. The firm also handles HOA and condominium association disputes under the Michigan Condominium Act and represents clients in real estate-related mediation and arbitration.
Easement disputes are particularly common in areas with older plats and irregular lot configurations. Under Michigan law, a prescriptive easement can arise from open, notorious, adverse, and continuous use of another’s property for 15 years. The firm represents both claimants asserting prescriptive rights and property owners defending against them.
Real Estate Syndications
CMP Law assists sponsors, developers, and real estate investors in structuring and documenting real estate syndications and other private investment offerings. The firm prepares and reviews the legal documentation necessary to raise capital from passive investors, including private placement memoranda, subscription agreements, investor questionnaires, operating agreements, limited partnership agreements, joint venture agreements, and other governing documents that define the rights and obligations of sponsors and investors.
CMP Law also advises clients on federal and state securities law compliance, including exemptions from registration under Regulation D, Form D filings with the SEC, applicable state notice filings, investor accreditation requirements, and ongoing governance matters. By providing practical legal guidance throughout the capital-raising process, CMP Law helps clients efficiently structure offerings while minimizing regulatory risk.
Rooted in the Ann Arbor Market Since 1937
CMP Law’s real estate practice has served the Ann Arbor market and surrounding communities since the firm’s founding in 1937. The team has handled transactions ranging from residential closings to multi-million-dollar commercial developments across Michigan. Marjorie Dixon, Joy Glovick, Christopher Wallaker, and David Guenther lead the practice group, bringing experience in commercial sales and acquisitions, development projects, leasing, property rights, and property disputes. The team works regularly with the firm’s business and corporate law attorneys when transactions involve entity formation or tax planning, ensuring that every aspect of the deal receives focused attention.
Since 1937.
Conlin, McKenney & Philbrick, P.C. has practiced in Ann Arbor since 1937. The firm works across the full range of civil law, so a matter that touches regulatory questions, tax exposure, and potential litigation moves through one team without the friction of coordinating outside counsel. One relationship. One place that knows the file.
CMP Law attorneys serve on the boards of the Ann Arbor Area Community Foundation, Washtenaw United Way, and the Washtenaw County Bar Association. The firm has earned the State Bar of Michigan’s highest pro bono recognition, the Pro Bono Circle of Excellence, and a place in the Founders Society of the Michigan Access to Justice Fund.
Frequently Asked
Questions
What are Michigan’s real estate transfer taxes?
Michigan levies two transfer taxes on real property sales. The state tax is $3.75 per $500 of value, and the county tax is $0.55 per $500. Combined, the total rate is $8.60 per $1,000 of the sale price. Exemptions exist for transfers between certain family members, certain trust transfers where beneficial ownership does not change, and transfers pursuant to court orders. A real estate attorney can determine whether an exemption applies to a specific transaction.
What does “uncapping of property taxes” mean?
In Michigan, property taxes are based on the taxable value of the property, which is capped during a person or entity’s ownership, meaning taxable value rises with inflation but only to a maximum of a 5% increase per year. Long-term owners often pay taxes on a taxable value far below the property’s actual market value. When the property is sold or transferred, that cap is removed and the taxable value uncaps, resetting to the current market-based value the following year. This means a new buyer can face a significantly higher tax bill than the previous owner was paying, an important cost to factor in when purchasing property in Michigan. The issue also comes up in commercial leasing, where the tenant pays the real estate taxes, or a portion of them. If the landlord sells the property and the taxes uncap, the tenant may be surprised by a significant increase in its lease expenses.
What is a prescriptive easement in Michigan?
A prescriptive easement arises when someone uses another person’s property openly, notoriously, adversely, and continuously for at least 15 years. Unlike adverse possession, a prescriptive easement does not require exclusive use. The doctrine allows a long-term user to gain a permanent legal right to continue the established use. Michigan courts have also recognized tacking, which allows successive property owners to combine their periods of use to meet the 15-year threshold. Prescriptive easement claims cannot be brought against governmental bodies.
Do I need a lawyer for a real estate closing in Michigan?
Michigan does not legally require an attorney at closing, but the complexity of real estate transactions makes legal counsel advisable. An attorney reviews the purchase agreement, examines the title commitment for defects, ensures proper deed preparation, verifies transfer tax obligations, and addresses last-minute issues. For commercial transactions, legal review is especially important given the financial exposure and regulatory requirements involved.
What is a quiet title action in Michigan?
A quiet title action is a lawsuit filed to establish clear ownership of real property when the title is clouded by competing claims, unresolved liens, recording errors, or missing heirs. Michigan Circuit Courts hear quiet title cases. The plaintiff must demonstrate superior title and provide notice to all parties with a potential interest. A successful quiet title action results in a court order that removes the cloud and confirms the plaintiff’s ownership, making the property freely transferable and insurable.