Dan Beyer contributed “A Trial Lawyer’s Perspective on Presenting the Litigated Real Property Case” to the Real Property Law Section State Bar of Michigan’ Michigan Real Property Review. Click here to read the piece.
Here is an excerpt from “A Trial Lawyer’s Perspective on Presenting the Litigated Real Property Case”
The circuit judge has denied your motion under MCR 2.116(C)(8), (C)(9), or (C)(10). Someone’s client is “unreasonable” and there are fact issues that must be resolved. Even though trials in real estate matters are rare, you are going to trial. Now you have to present to the judge or jury the specific language of the contract or purchase agreement that is in question. You have to litigate the issue of whether someone is a bona fide purchaser, show facts regarding damages or fair evaluation of the property, or something else.
If the practitioner does not swim in these waters frequently, a few pointers or tidbits may be of assistance. My comments will necessarily carry personal biases or tendencies. I do not pretend to be right or wrong on all of them. If this article lapses into anecdotes, I will not apologize because anecdotes are the gist of instruction. These comments will focus on state court actions in the Circuit Court.