reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 24 - (339.2401...339.2412) › Section 339.2406 - Nonresident Licensee; Issuing License to Foreign Corporation; Irrevocable Consent to Service of Process; Resolution Authorizing Consent; Service of Process or Pleading.

339.2406 Nonresident licensee; issuing license to foreign corporation; irrevocable consent to service of process; resolution authorizing consent; service of process or pleading.
Sec. 2406.
A nonresident of this state may become a licensee under this article by conforming with this article. A license shall not be issued to a foreign corporation unless the corporation is authorized to do business in this state by the corporation and securities commission. The nonresident shall file an irrevocable consent to service of process. The consent shall be signed by the applicant or by an authorized officer, member, or partner of the applicant and shall be notarized. If the applicant is a corporation, consent shall be accompanied by a certified copy of the resolution of the corporation authorizing the consent. A process or pleading served upon the department shall be sufficient service upon the licensee. A process or pleading served upon the department under this section shall be in duplicate. The department immediately shall forward by registered mail 1 copy of the process or pleading to the main office of the licensee served.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 24 - (339.2401...339.2412) › Section 339.2407 - Licensing Salesperson in Employ of 1 Builder or Contractor; Application for Transfer and Issuance of New License; Submission of Salesperson's License Application.

339.2407 Licensing salesperson in employ of 1 builder or contractor; application for transfer and issuance of new license; submission of salesperson's license application.
Sec. 2407.
(1) A salesperson shall be licensed in the employ of only 1 residential builder or maintenance and alteration contractor. If a salesperson desires to change employment from 1 residential builder or maintenance and alteration contractor to another, the license shall be forwarded to the department and application made for a transfer and the issuance of a new license under the salesperson's new employer.
(2) An application for a salesperson's license shall be submitted by the employing residential builder or residential maintenance and alteration contractor.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 24 - (339.2401...339.2412) › Section 339.2408 - Repealed. 1988, Act 463, Eff. Sept. 1, 1989.

339.2408 Repealed. 1988, Act 463, Eff. Sept. 1, 1989.
Compiler's Notes:
The repealed section pertained to disposition of license fee after failure to pass examination.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 24 - (339.2401...339.2412) › Section 339.2409 - Reporting Certain Changes.

339.2409 Reporting certain changes.
Sec. 2409.
A licensee shall report to the department a change of name or address or a change of members or addresses of the partnership, association, or corporation holding a license under this article within 30 days after the change occurs.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1980, Act 496, Eff. Mar. 31, 1981 ;-- Am. 1982, Act 410, Imd. Eff. Dec. 28, 1982 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 ;-- Am. 2010, Act 151, Imd. Eff. Aug. 23, 2010
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 24 - (339.2401...339.2412) › Section 339.2410 - Repeating Examination Not Required When Making Application for Additional License.

339.2410 Repeating examination not required when making application for additional license.
Sec. 2410.
A person or qualifying officer for a corporation or member of a partnership or other business association who currently holds a residential builder or maintenance and alteration contractor license shall not be required to repeat an examination for that license when making application for an additional license. However, a maintenance and alteration contractor who currently holds a license and makes application for a residential builders' license shall be required to take an examination for that license.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 24 - (339.2401...339.2412) › Section 339.2411a - Final Order of Board; Posting on Website.

339.2411a Final order of board; posting on website.
Sec. 2411a.
(1) The department shall post on its website any final order of the board and the date it was issued. The posting shall occur within 30 days after the final order is issued.
(2) The department shall annually post on its website the number of final orders of the board.
History:
Add. 2007, Act 157, Eff. June 1, 2008
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 24 - (339.2401...339.2412) › Section 339.2412 - Action for Collection of Compensation for Performance of Act or Contract; Alleging and Proving Licensure; Failure to Use Alternative Dispute Resolution; Other Legal Action; Civil Violation.

339.2412 Action for collection of compensation for performance of act or contract; alleging and proving licensure; failure to use alternative dispute resolution; other legal action; civil violation.
Sec. 2412.
(1) A person or qualifying officer for a corporation or member of a residential builder or residential maintenance and alteration contractor shall not bring or maintain an action in a court of this state for the collection of compensation for the performance of an act or contract for which a license is required by this article without alleging and proving that the person was licensed under this article during the performance of the act or contract.
(2) Failure of the person bringing a complaint against a licensee to utilize a contractually provided alternative dispute resolution procedure shall be an affirmative defense to an action brought in a court of this state against a licensee under this article.
(3) A person or qualifying officer for a corporation or a member of a residential builder or residential maintenance and alteration contractor shall not impose or take any legal or other action to impose a lien on real property unless that person was licensed under this article during the performance of the act or contract.
(4) A prosecuting attorney and the attorney general may bring an action for a civil violation in a court of competent jurisdiction against a person not licensed under this article that has violated section 601(1) or (2). The court shall assess a civil fine, to be paid to the prosecuting attorney or the attorney general bringing the action, of not less than $5,000.00 and not more than $25,000.00, aside from any civil damages or restitution.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1980, Act 496, Eff. Mar. 31, 1981 ;-- Am. 2001, Act 113, Imd. Eff. July 31, 2001 ;-- Am. 2007, Act 155, Eff. June 1, 2008
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2502 - Board of Real Estate Brokers and Salespersons; Creation.

339.2502 Board of real estate brokers and salespersons; creation.
Sec. 2502.
The board of real estate brokers and salespersons is created.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2502b - Owner of Real Estate Engaging in Sale of Real Estate as Principal Vocation; License as Real Estate Broker Required.

339.2502b Owner of real estate engaging in sale of real estate as principal vocation; license as real estate broker required.
Sec. 2502b.
(1) Unless the owner engages the services of a real estate broker in connection with those sales, an individual who is the owner of real estate must obtain a license as a real estate broker to engage in the sale of that real estate as a principal vocation. For purposes of this subsection, each of the following is considered engaging in the sale of real estate as a principal vocation:
(a) Engaging in more than 5 real estate sales in any 12-month period.
(b) Representing to the public that he or she is principally engaged in the sale of real estate.
(c) Devoting over 50% of his or her working time, or more than 15 hours per week in any 6-month period, to the sale of real estate.
(d) If he or she is a real estate salesperson, a sale of real estate other than his or her principal residence.
(2) A sale of real estate that is owned by, or under option to, a real estate broker or associate real estate broker is subject to the provisions of this article.
(3) If a licensee is selling property that is owned by the licensee or in which the licensee has an interest, the licensee shall reveal the facts of the licensee's ownership or interest and the licensee's licensure to the purchaser, in writing, before an offer to purchase is signed. A licensee shall provide written proof of this disclosure that is satisfactory to the department on request by the department.
History:
Add. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2503 - Exemptions.

339.2503 Exemptions.
Sec. 2503.
(1) This article does not apply to a person that, as owner, sells or offers for sale a detached, single family dwelling, duplex, triplex, or quadruplex, that has never been occupied and that was built by the person while licensed under article 24. This article does not apply to an owner or lessor, an attorney-in-fact acting under a duly executed and recorded power of attorney from the owner or lessor, or a person appointed by a court, that performs an act as a real estate broker or real estate salesperson with reference to property owned by it, unless performed as a principal vocation not through a licensed real estate broker.
(2) This article does not apply to an attorney-at-law who is rendering services as an attorney-at-law; to a receiver, trustee in bankruptcy, administrator, executor, a person selling real estate under order of a court; or to a trustee selling under a deed of trust, unless the trustee makes repeated or successive sales of real estate not through a licensed real estate broker.
(3) This article does not apply to a person that is regulated under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684, and that does not perform any other act requiring a license as a real estate broker, associate broker, or real estate salesperson.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1987, Act 63, Imd. Eff. June 25, 1987 ;-- Am. 1987, Act 174, Imd. Eff. Nov. 18, 1987 ;-- Am. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2507 - Discharge or Termination of Real Estate Salesperson; Delivering or Mailing Salesperson's License to Department; Application for Transfer of License; Communication; Performing Regulated Acts Without License Prohibited; Limitation.

339.2507 Discharge or termination of real estate salesperson; delivering or mailing salesperson's license to department; application for transfer of license; communication; performing regulated acts without license prohibited; limitation.
Sec. 2507.
(1) If a real estate salesperson is discharged or terminates employment with a real estate broker by giving the employer a written notice of the termination, the real estate broker shall deliver or mail by certified mail to the department, within 5 days, the real estate salesperson's license. If a written notice of termination of employment is not served on the real estate broker by the real estate salesperson, the department shall notify the real estate broker in writing that it has received an application for a transfer of license by the real estate salesperson. As of the date of the notification, the notification shall operate as if a written notice were served by the real estate salesperson or the real estate broker.
(2) A real estate broker, at the time it delivers or mails a real estate salesperson's license to the department under subsection (1), shall notify the real estate salesperson in writing, delivered or mailed to the last known residence address of the real estate salesperson, that advises the real estate salesperson that the real estate broker has delivered or mailed the license to the department. A copy of the communication to the real estate salesperson shall accompany the license when the license is mailed or delivered to the department.
(3) Except as provided in section 2506(5), a real estate salesperson shall not perform an act regulated by this article either directly or indirectly under authority of the license after the date of his or her termination from a real estate broker under this section.
(4) The department shall not issue more than 1 license to a real estate salesperson for the same period of time.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 463, Eff. Sept. 1, 1989 ;-- Am. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2509 - Associate Real Estate Broker's License; Issuance to Principal and Nonprincipal; Limitation.

339.2509 Associate real estate broker's license; issuance to principal and nonprincipal; limitation.
Sec. 2509.
(1) The department may issue more than 1 associate real estate broker's license to principals of a real estate broker.
(2) An individual shall not hold more than 1 associate real estate broker's license as a nonprincipal, but an individual may hold 1 or more associate real estate broker's licenses as a principal.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1988, Act 16, Imd. Eff. Feb. 18, 1988 ;-- Am. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2510 - Real Estate Salesperson; Commission or Valuable Consideration.

339.2510 Real estate salesperson; commission or valuable consideration.
Sec. 2510.
(1) A real estate salesperson shall not accept a commission or valuable consideration for the performance of an act specified in this article from any person other than the real estate broker that employs the salesperson.
(2) If an individual earned commissions or other income while employed by a real estate broker, it is not grounds for disciplinary action under section 2512 for that broker to pay those commissions or income to that individual, regardless of whether that individual is now employed by another real estate broker or is no longer licensed.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2511 - Plan or Scheme for Selling or Promoting Sale of Real Estate.

339.2511 Plan or scheme for selling or promoting sale of real estate.
Sec. 2511.
A plan or scheme involving a lottery, contest, game, prize, or drawing shall not be used by a real estate broker or real estate salesperson for the sale or promotion of a sale of real estate. However, a game promotion as defined in and in compliance with section 372a of the Michigan penal code, 1931 PA 328, MCL 750.372a, may be used by a real estate broker or real estate salesperson for any purpose other than the direct promotion of a specific piece of real estate.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1990, Act 164, Imd. Eff. July 2, 1990 ;-- Am. 2010, Act 48, Imd. Eff. Apr. 22, 2010
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2512a - Action for Collection of Compensation for Performance of Act or Contract; Allegation and Proof.

339.2512a Action for collection of compensation for performance of act or contract; allegation and proof.
Sec. 2512a.
A person engaged in the business of, or acting in the capacity of, a person required to be licensed under this article, shall not maintain an action in a court of this state for the collection of compensation for the performance of an act or contract for which a license is required by this article without alleging and proving that the person was licensed under this article at the time of the performance of the act or contract.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2512b - Actions Not Constituting Participation in Real Estate Transaction or in Payment of Real Estate Commissions.

339.2512b Actions not constituting participation in real estate transaction or in payment of real estate commissions.
Sec. 2512b.
The following actions do not constitute participation in a real estate transaction or in the payment of real estate commissions:
(a) As an owner or an authorized agent of the owner, offering an existing tenant of the owner's property a consideration of a value of 1 month's rent or less for referring a prospective tenant to the owner or the authorized agent of the owner for the purpose of entering into a lease agreement.
(b) As an existing tenant of rental property, accepting a consideration of 1 month's rent or less for the referral of prospective tenants.
History:
Add. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 2022, Act 21, Imd. Eff. Mar. 10, 2022
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2512c - Property Management Performed by Real Estate Broker.

339.2512c Property management performed by real estate broker.
Sec. 2512c.
(1) Except as otherwise provided in this section, all property management duties, responsibilities, and activities performed by a real estate broker and his or her agent engaged in property management shall be governed by and performed in accordance with a property management employment contract.
(2) A real estate broker who engages in property management shall maintain property management accounts separate from all other accounts. Except as provided in this section, a property management account shall be managed in accordance with the property management employment contract.
(3) A property management account may be an interest-bearing account or instrument, unless the property management employment contract provides to the contrary. The interest earned on a property management account shall be handled in accordance with the property management employment contract.
(4) A real estate broker or any designated employee of the real estate broker engaged in property management may be signatory on drafts or checks drawn on property management accounts.
(5) A person who engages in property management shall maintain records of funds deposited and withdrawn from property management accounts. Property management account records shall indicate the date of the transaction, from whom the money was received or to whom it was given, and other pertinent information concerning the transaction the property management employment contract may require.
(6) A real estate broker engaged in property management shall render an accounting to his or her property management client and remit all money strictly in accordance with the property management employment contract.
(7) All records required to be kept pursuant to this section or pursuant to the property management employment contract shall be subject to inspection by the department.
History:
Add. 1994, Act 333, Imd. Eff. Oct. 18, 1994
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2512e - Advertisement.

339.2512e Advertisement.
Sec. 2512e.
(1) Except as provided in subsection (2), any advertisement to buy, sell, exchange, rent, lease, or mortgage real property or a business opportunity by a real estate broker shall include the broker's name or the name under which the broker is conducting business; shall include the broker's telephone number or street address; and shall state that the person doing the advertising is a real estate broker.
(2) An individual who is licensed as a real estate broker or associate real estate broker may advertise real property that he or she personally owns for sale or for lease in his or her own name, and is not required to include the name of the real estate broker, or the name of the real estate broker that employs the associate real estate broker, as the sales or leasing agent for the property in the advertisement. However, the advertising shall indicate affirmatively that the individual who is selling or leasing the real property is a licensed real estate broker or associate real estate broker.
(3) Except as provided in subsection (2) or (4), a real estate salesperson or an associate broker shall only advertise to buy, sell, exchange, rent, lease, or mortgage real property or a business opportunity under the supervision of, and in the business name of, his or her employing broker. Any advertising displayed or published on or after January 1, 2018, that includes the name of an associate broker, a salesperson, or a cooperating group of associate brokers or salespersons employed by the same real estate broker, shall include all of the following:
(a) The telephone number or street address of the employing broker.
(b) The business name of the employing broker, in equal or greater type size than the name of the associate broker, salesperson, or cooperating group.
(4) A real estate salesperson shall not advertise to sell real property under his or her own name unless the property is the principal residence of the salesperson. A real estate salesperson shall not advertise real property for rent or lease under his or her own name unless the salesperson is the owner of the property.
(5) A real estate broker shall not conduct business or advertise under a name other than that in which the broker's license is issued or under an assumed name that is authorized by law. A real estate broker shall notify the department of its adoption of an assumed name with its license application, or within 30 days after it adopts an assumed name, whichever is earlier.
History:
Add. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2512f - Supervision of Real Estate Salesperson.

339.2512f Supervision of real estate salesperson.
Sec. 2512f.
(1) A real estate broker or associate real estate broker shall supervise the work of a real estate salesperson. For purposes of this subsection, supervision of a real estate salesperson includes at least all of the following:
(a) Direct communication in person or by radio, telephone, or electronic communication, on a regular basis.
(b) Review of the practice of the salesperson.
(c) Review of the salesperson's reports.
(d) Analyses and guidance of the salesperson's performance in regulated activities.
(e) Providing written operating policies and procedures to the salesperson.
(2) A real estate broker shall not contract with an individual real estate salesperson or nonprincipal associate real estate broker who is employed by the real estate broker in a manner that limits the broker's authority to supervise the salesperson under subsection (1).
History:
Add. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2513 - Filing Bond or Posting Cash Deposit as Condition Precedent to Issuance of License or Removal of Suspension; Action by Injured Person.

339.2513 Filing bond or posting cash deposit as condition precedent to issuance of license or removal of suspension; action by injured person.
Sec. 2513.
If an application for a license is made by a person whose license has been denied, suspended, or revoked as a result of disciplinary action for violation of this article or of the rules promulgated under this article, the department may require as a condition precedent to the issuance of a license to the applicant or the removal of suspension, that the applicant file or have on file with the department a bond for a period not to exceed 5 years, issued by an admitted surety insurer or cash in a sum to be fixed by the department, based upon the magnitude of the operations of the applicant, not to exceed the sum of $5,000.00 in which this state shall appear as the insured. If the department orders the filing of a bond or the posting of a cash deposit, a person injured by an unlawful act or omission of the applicant may bring an action in a proper court on the bond or a claim against the cash deposit for the amount of the damage suffered as a result to the extent covered by the bond or cash deposit.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2514 - Real Estate Broker or Real Estate Salesperson; Nonresident Applicant; Consent to Service of Process; Application; Disposition of Process or Pleading.

339.2514 Real estate broker or real estate salesperson; nonresident applicant; consent to service of process; application; disposition of process or pleading.
Sec. 2514.
A nonresident of this state may become a real estate broker or a real estate salesperson by conforming to the requirements of this article. A nonresident applicant shall file an irrevocable consent that an action may be commenced against the applicant in the proper court of a county of this state in which a cause of action may arise in which the plaintiff may reside, by the service of process or pleading authorized by the laws of this state on the department, the consent stipulating and agreeing that service of process or pleadings on the department shall be taken and held in court to be as valid and binding as if due service had been made upon the applicant in this state. An instrument containing a consent shall be authenticated by a seal, if a corporation, or by the acknowledged signature of a member or officer of the corporation, if otherwise. An application, except from an individual, shall be accompanied by the certified copy of the resolution of the proper officer or managing board authorizing the proper officer to execute the application. If a process or pleading mentioned in this article is served upon the department it shall be by duplicate copies, 1 of which shall be filed in the department and the other immediately forwarded by registered mail to the main office of the applicant against which the process or pleading is directed.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2515 - Listing Agreement; Discrimination Prohibited; Burden of Proof; Legal and Equitable Remedies.

339.2515 Listing agreement; discrimination prohibited; burden of proof; legal and equitable remedies.
Sec. 2515.
(1) A listing agreement entered into between the broker and seller or lessor of property shall contain language that discrimination because of religion, race, color, national origin, age, sex, disability, familial status, or marital status on the part of the real estate broker, real estate salesperson, seller, or lessor is prohibited.
(2) This article shall not authorize the department to assume any facts not in evidence or compel a party to prove innocence of charges before the charges have been proven by the department. The department shall at all times bear the burden of proof to all charges made against a party.
(3) This article shall not diminish the right of a party to pursue and utilize direct and immediate legal or equitable remedies in a court of competent jurisdiction.
History:
1980, Act 299, Imd. Eff. Oct. 21, 1980 ;-- Am. 1981, Act 83, Imd. Eff. July 1, 1981 ;-- Am. 1993, Act 93, Imd. Eff. July 13, 1993 ;-- Am. 1998, Act 90, Imd. Eff. May 13, 1998
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2516 - Interest in Real Property; Acquisition by Licensee; Proof of Disclosures and Consents.

339.2516 Interest in real property; acquisition by licensee; proof of disclosures and consents.
Sec. 2516.
(1) If a licensee buys or otherwise acquires, directly or indirectly, an interest in real property, the licensee shall disclose to the owner of the property that the licensee is licensed under this part before the owner is asked to sign the purchase agreement.
(2) If a licensee acquires, directly or indirectly, an option to purchase real property from an owner that requested the licensee's services as a real estate licensee in connection with that property, the licensee shall disclose to the owner of the property that the licensee is licensed under this part before the owner is asked to sign the option agreement.
(3) A licensee that buys or otherwise acquires an interest in real property, directly or indirectly, and that is owed a commission, fee, or other valuable consideration as a result of the sale, shall disclose that the licensee is licensed under this part to the seller or owner to receive the specified consideration.
(4) On request of the department, a licensee shall provide written proof of any disclosures and consents required under this section to the department.
History:
Add. 2016, Act 502, Eff. Mar. 29, 2017
Compiler's Notes:
Former MCL 339.2516, which pertained to renewal fee for license, was repealed by Act 83 of 1981, Imd. Eff. July 1, 1981.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2516a - Inspection of Document or Record by Representative of Department.

339.2516a Inspection of document or record by representative of department.
Sec. 2516a.
During normal business hours, a licensee shall allow any authorized representative of the department to enter any of its places of business in this state and inspect any document or record that the department determines is reasonably necessary for an investigation of the licensee or a review of the business activities of the licensee, the administration of this act, or the administrative rules promulgated under this article.
History:
Add. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2516b - Rescission of Rules.

339.2516b Rescission of rules.
Sec. 2516b.
R 339.22205 to R 339.22301, R 339.22309 to R 339.22311, R 339.22317 to R 339.22319, R 339.22323 to R 339.22329, and R 339.22339 to R 339.22405 of the Michigan Administrative Code are rescinded.
History:
Add. 2016, Act 502, Eff. Mar. 29, 2017
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 25 - (339.2501...339.2518) › Section 339.2518 - Prohibited Actions.

339.2518 Prohibited actions.
Sec. 2518.
An action shall not be brought against a real estate broker, an associate broker, or a real estate salesperson under the following circumstances:
(a) For failure to disclose to a purchaser or lessee of real property that a former occupant has or is suspected of having a disability. As used in this section, "disability" means handicap as that term is defined and interpreted under, and disclosure of which would constitute unlawful discrimination under, sections 804, 805, 806, or 817 of the fair housing act, title VIII of the civil rights act of 1968, Public Law 90-284, 42 U.S.C. 3604, 3605, 3606, and 3617.
(b) For failure to disclose to a purchaser or lessee of real property that the real property was or was suspected to have been the site of a homicide, suicide, or other occurrence prohibited by law which had no material effect on the condition of the real property or improvements located on the real property.
(c) For failure to disclose any information from the compilation that is provided or made available under section 8(2) of the sex offenders registration act, 1994 PA 295, MCL 28.728.
History:
Add. 1993, Act 93, Imd. Eff. July 13, 1993 ;-- Am. 1998, Act 90, Imd. Eff. May 13, 1998 ;-- Am. 1998, Act 437, Imd. Eff. Dec. 30, 1998
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2603 - Board of Real Estate Appraisers; Creation; Qualifications of Members.

339.2603 Board of real estate appraisers; creation; qualifications of members.
Sec. 2603.
(1) There is created a board of real estate appraisers.
(2) Of those board members who are appraisers, 3 shall be certified general real estate appraisers, 1 shall be a certified residential real estate appraiser, and 2 shall be either state licensed real estate appraisers or additional certified residential real estate appraisers. At least 1 of those appraisers may be employed by a state or nationally chartered bank, a state or federally chartered savings and loan or savings bank, a state or federally chartered credit union, an entity of the federally chartered farm credit system, or an entity regulated under the mortgage brokers, lenders, and servicers licensing act, 1987 PA 173, MCL 445.1651 to 445.1684.
History:
Add. 1990, Act 269, Imd. Eff. Oct. 17, 1990 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999 ;-- Am. 2010, Act 90, Imd. Eff. June 10, 2010
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2605 - Uniform Standards of Professional Appraisal Practice; Rules; Use of Aqb Criteria.

339.2605 Uniform standards of professional appraisal practice; rules; use of AQB criteria.
Sec. 2605.
(1) At a minimum and subject to subsection (2), a licensee under this article who performs an appraisal shall utilize the uniform standards of professional appraisal practice that are in effect at the time the licensee is engaged to perform the appraisal.
(2) The director may supplement or adopt by reference any amendments to the uniform standards of professional appraisal practice through the promulgation of rules if the director determines that the amendments or supplemental standards serve as a basis for the competent development and communication of an appraisal and are not in conflict with federal requirements.
(3) The director through promulgation of a rule may supplement or adopt by reference any changes promulgated by a federal financial institution regulatory agency relative to standards for a federally related transaction.
(4) The department shall utilize the AQB criteria regarding education, examination, and experience for licensure under this article.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999 ;-- Am. 2006, Act 414, Imd. Eff. Sept. 29, 2006 ;-- Am. 2014, Act 433, Eff. Jan. 1, 2015
Popular Name:
Act 299
Admin Rule:
R 339.23101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2609 - Appraisal; Requirements.

339.2609 Appraisal; requirements.
Sec. 2609.
An appraisal shall be in writing and shall do all of the following:
(a) Disclose any limitations on the type of analysis, valuation, or opinion.
(b) Be independently and impartially prepared and conform to the uniform standards of professional appraisal practice and any other standards adopted by the director.
(c) Include an opinion of defined value of adequately described real property as of a specific date and be supported by the presentation and analysis of relevant market information.
(d) Indicate on every appraisal report the license number and level of licensure of the appraiser.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2610 - Licensure as Limited Real Estate Appraiser, State Licensed Real Estate Appraiser, Certified Residential Real Estate Appraiser, or Certified General Real Estate Appraiser.

339.2610 Licensure as limited real estate appraiser, state licensed real estate appraiser, certified residential real estate appraiser, or certified general real estate appraiser.
Sec. 2610.
The department shall license as a limited real estate appraiser, a state licensed real estate appraiser, a certified residential real estate appraiser, or a certified general real estate appraiser an individual who is at least 18 years of age, is of good moral character, and provides proof of having completed the minimum education, examination, and experience requirements contained in the AQB criteria for the appropriate license category.
History:
Add. 2006, Act 414, Imd. Eff. Sept. 29, 2006
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2611 - Repealed. 2006, Act 414, Imd. Eff. Sept. 29, 2006.

339.2611 Repealed. 2006, Act 414, Imd. Eff. Sept. 29, 2006.
Compiler's Notes:
The repealed section pertained to qualifications for licensure as limited real estate appraiser.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2613-339.2615 - Repealed. 2006, Act 414, Imd. Eff. Sept. 29, 2006.

339.2613-339.2615 Repealed. 2006, Act 414, Imd. Eff. Sept. 29, 2006.
Compiler's Notes:
The repealed sections pertained to qualifications for licensure as state licensed real estate appraiser, certified residential real estate appraiser, and certified general real estate appraiser.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2617 - Rules Regulating Educational Courses; Courses; Compliance With Aqb Criteria.

339.2617 Rules regulating educational courses; courses; compliance with AQB criteria.
Sec. 2617.
(1) The director may promulgate rules regulating the offering of educational courses required under this article, including the type and conditions of instruction, the qualification of instructors, the methods of grading, the means of monitoring and reporting attendance, and the representations made by course sponsors.
(2) All educational courses required under this article shall be courses offered by 1 of the following:
(a) An institution of higher education authorized to grant degrees, being a college, university, or community or junior college.
(b) A private school licensed by the department of education under 1943 PA 148, MCL 395.101 to 395.103, or authorized to operate in any other state or jurisdiction.
(c) A state or federal agency or commission.
(d) A nonprofit association related to real property or real property appraisal.
(3) Educational courses required for licensure under this article shall comply with AQB criteria.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999 ;-- Am. 2006, Act 414, Imd. Eff. Sept. 29, 2006
Popular Name:
Act 299
Admin Rule:
R 339.23101 et seq. of the Michigan Administrative Code.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2619 - Appraiser Qualification Board Endorsed Uniform Real Property Appraiser Examination; Equivalent; Validity of Scores.

339.2619 Appraiser qualification board endorsed uniform real property appraiser examination; equivalent; validity of scores.
Sec. 2619.
(1) Except as otherwise provided in section 2623, an individual seeking licensure under this article as a state licensed real estate appraiser, certified general real estate appraiser, or certified residential real estate appraiser shall first successfully pass the appraiser qualification board endorsed uniform real property appraiser examination or its equivalent as appropriate to the level of licensure sought and that is acceptable to the board and the department.
(2) The board and department may adopt an examination prepared or approved by a professional entity or organization including, but not limited to, the appraisal qualification board if the department and the board determine that the examination serves as a basis for determining whether an individual has the knowledge and skills to perform with competence.
(3) Examination scores are considered valid for 2 years from the date of the examination.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999 ;-- Am. 2006, Act 414, Imd. Eff. Sept. 29, 2006
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2621 - Repealed. 2006, Act 414, Imd. Eff. Sept. 29, 2006.

339.2621 Repealed. 2006, Act 414, Imd. Eff. Sept. 29, 2006.
Compiler's Notes:
The repealed section pertained to experience required for licensure.
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2623 - Licensing Without Examination.

339.2623 Licensing without examination.
Sec. 2623.
The department shall issue a certified general real estate appraiser, certified residential real estate appraiser, or state licensed real estate appraiser license without examination to an individual who, at the time of application, is licensed, registered, certified, or otherwise regulated by another state at that level if the requirements of that state, as determined by the board and the department, are at least equal to the requirements of this article.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2625 - Nonresident Licensing; Service of Process; Temporary Permit.

339.2625 Nonresident licensing; service of process; temporary permit.
Sec. 2625.
(1) A nonresident of this state may become licensed under this article by conforming with this article. The nonresident shall file an irrevocable consent to service of process which consent shall be signed by the licensee. A process or pleading served upon the department shall be sufficient service upon the licensee. A process or pleading served upon the department under this section shall be in duplicate. The department shall immediately serve by first-class mail a copy of the process or pleading to the licensee's last known address as determined by the records of the department.
(2) The department may issue a temporary permit, valid for 180 days, to a nonresident of this state who holds a valid license from another state or United States jurisdiction licensing or regulating appraisers and is temporarily in this state to conduct an appraisal involving a federally related transaction or a real estate related financial transaction. The application shall be accompanied by proof of licensure or regulation in the other state or jurisdiction, a consent to the service of process as described in subsection (1), and a written description of the nature of the temporary assignment. The holder of a temporary permit may apply in writing for 1 extension of the temporary permit for not more than 180 days. The holder of a temporary permit is not required to complete continuing education.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2627 - Continuing Education Requirements.

339.2627 Continuing education requirements.
Sec. 2627.
As a condition for the renewal of licensure as a limited real estate appraiser, a certified general real estate appraiser, a certified residential real estate appraiser, or a state licensed real estate appraiser, a licensee shall complete the minimum continuing education requirements described in the AQB criteria.
History:
Add. 1990, Act 269, Eff. July 1, 1991 ;-- Am. 1999, Act 170, Imd. Eff. Nov. 10, 1999 ;-- Am. 2006, Act 414, Imd. Eff. Sept. 29, 2006
Popular Name:
Act 299
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2629 - Repealed. 2009, Act 178, Imd. Eff. Dec. 15, 2009.

339.2629 Repealed. 2009, Act 178, Imd. Eff. Dec. 15, 2009.
Compiler's Notes:
The repealed section pertained to relicensure of individual whose license as a certified general real estate appraiser, certified residential real estate appraiser, or state licensed real estate appraiser has lapsed.
2023 Michigan Compiled Laws › Chapter 339 - Occupational Code › Act 299 of 1980 - Occupational Code (339.101 - 339.2919) › Article 26 - (339.2601...339.2637) › Section 339.2631 - Repealed. 1990, Act 269, Eff. Dec. 31, 1991.

339.2631 Repealed. 1990, Act 269, Eff. Dec. 31, 1991.
Compiler's Notes:
The repealed section pertained to temporary license for real estate appraisers.
Popular Name:
Act 299