Grand Rapids, MI asked in Contracts and Real Estate Law for Michigan

Q: Can I make a contract to search a sold property for hidden money?

I'm aware of a high probability that there might be hidden money in a house that my great-grandfather owned. The property has since been sold, and the new owners are unaware of this potential hidden money. I want to approach the current owners with a contract that allows us to search for the money and agree on splitting it fairly. However, I do not have any documentation or proof of ownership at present unless I visit the land title office. No contact or attempts have been made with the owners yet as I wish to have a contract ready beforehand. Is this possible, and how should I proceed legally?

Related Topics:
2 Lawyer Answers

A: Generally speaking, you can enter into a contract to do anything so long as it is not illegal or against public policy.

So, no, you can't legally enter into a contract to murder someone, but you CAN enter into a contract to search a property with the owner of that property on whatever terms and conditions the two of you agree upon.

But this begs the question. What is the origin of that money? Was it stolen? Squirreled away after years of hard work because someone didn't trust banks? Counterfeited? "Finding" that money may or may not lead to legal issues depending on the origin of the funds!

MORE to the point, why would anyone who owns a piece of real estate let someone randomly search when THEY could do that and not have to split the money. Unless you have 'special knowledge' (a 'treasure map' if you will) this makes little sense so a 'search' is not what you're looking to facilitate. "Recovery" is the word you're looking for, and if you're talking about a significant sum, all sorts of red flags pop up.

I'd consult with a local lawyer to help both in drafting whatever paperwork makes sense and to review the whole idea in the first place.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: Yes, it is possible to create a private agreement with the current property owners that allows you to search the house for hidden money. Since they now legally own the property, you’ll need their written permission to enter and search. A contract can outline the terms clearly—such as when the search will happen, what areas can be searched, how any found assets will be divided, and that both parties agree to the arrangement voluntarily.

To make the contract valid, include both your names, signatures, and a description of what is being searched for and how the proceeds will be handled. Be honest about your intentions and make sure they understand there are no guarantees of finding anything. Even if it’s an unusual request, people are often more open when approached respectfully and with a clear agreement in place. It can help if you bring a drafted version of the agreement when you meet them.

Just remember, until you have their permission, you cannot step foot on the property to look. Even if it was once your great-grandfather’s home, the current owners have full legal rights now. If they decline your request, you’ll have to accept that. But if they agree, having a solid contract in hand will help protect both of you and avoid any misunderstandings.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.