reglab/statecodes huggingface dataset:
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.958 - Failure to Make Timely Periodic Payment; Rights of Lessee; Reinstatement; Late or Delivery Fee; Same or Substitute Item Provided on Reinstatement.

445.958 Failure to make timely periodic payment; rights of lessee; reinstatement; late or delivery fee; same or substitute item provided on reinstatement.
Sec. 8.
(1) A lessee who fails to make a timely periodic payment may reinstate the original rental-purchase agreement without losing any rights or options previously acquired under the rental-purchase agreement by paying the past due periodic payment, any applicable late fee, and, if redelivery of an item is necessary, a delivery fee not to exceed the original delivery fee, by the later of the following dates:
(a) 7 days after failing to make the timely periodic payment.
(b) 90 days after failing to make the timely periodic payment, if the lessee returns or voluntarily surrenders the item, other than through judicial process, within 7 days after failing to make the timely periodic payment.
(2) A lessee shall not be charged a late fee for failure to make a timely periodic payment unless the periodic payment is more than the following number of days past due:
(a) 5 days, if the periodic payment is due monthly or less frequently.
(b) 2 days, if the periodic payment is due more frequently than monthly.
(3) A late fee shall not exceed the greater of $10.00 or 5% of the amount of the missed payment.
(4) If reinstatement occurs pursuant to this section, the lessor shall provide the lessee with either the same item leased by the lessee prior to reinstatement or a substitute item of comparable quality and condition. If a substitute item is provided, the lessor shall provide the lessee with all of the information required in section 3.
History:
1984, Act 424, Eff. Mar. 29, 1985 ;-- Am. 2012, Act 584, Imd. Eff. Jan. 3, 2013
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.959 - Temporary or Permanent Injunction; Venue; Costs; Civil Penalty; Notice of Intended Action; Opportunity to Cease and Desist or to Confer With Attorney General; Notice of Alleged Violation; Civil Penalty for Knowing Violation.

445.959 Temporary or permanent injunction; venue; costs; civil penalty; notice of intended action; opportunity to cease and desist or to confer with attorney general; notice of alleged violation; civil penalty for knowing violation.
Sec. 9.
(1) When the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in a method, act, or practice which is unlawful pursuant to this act, and upon notice given in accordance with this section, the attorney general may bring an action in accordance with principles of equity to restrain the defendant by temporary or permanent injunction from engaging in the method, act, or practice. The action may be brought in the circuit court of the county where the defendant is established or conducts business or, if the defendant is not established in this state, in the circuit court of Ingham county. The court may award costs to the prevailing party. For persistent and knowing violation of this act the court may assess the defendant a civil penalty of not more than $25,000.00.
(2) Unless waived by the court on good cause shown not less than 10 days before the commencement of an action under this section, the attorney general shall notify the person of the attorney general's intended action and give the person an opportunity to cease and desist from the alleged unlawful method, act, or practice or to confer with the attorney general in person, by counsel, or by other representative as to the proposed action before the proposed filing date. The notice may be given the person by mail, postage prepaid, to his or her usual place of business or, if the person does not have a usual place of business, to his or her last known address, or, with respect to a corporation, only to a resident agent who is designated to receive service of process or to an officer of the corporation.
(3) A prosecuting attorney or law enforcement officer receiving notice of an alleged violation of this act, or of a violation of an injunction, order, decree, or judgment issued in an action brought pursuant to this section, or of an assurance under this act, shall immediately forward written notice of the violation together with any information he or she may have to the office of the attorney general.
(4) A person who knowingly violates the terms of an injunction, order, decree, or judgment issued pursuant to this section shall forfeit and pay to the state a civil penalty of not more than $5,000.00 for each violation. For the purposes of this section, the court issuing an injunction, order, decree, or judgment shall retain jurisdiction, the cause shall be continued, and the attorney general may petition for recovery of a civil penalty as provided by this section.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.960 - Assurance of Discontinuance.

445.960 Assurance of discontinuance.
Sec. 10.
(1) When the attorney general has authority to institute an action or proceeding pursuant to section 9, the attorney general may accept an assurance of discontinuance of a method, act, or practice which is alleged to be unlawful under this act from the person who is alleged to have engaged, be engaging, or be about to engage in the method, act, or practice. The assurance shall not constitute an admission of guilt nor be introduced in any other proceeding. The assurance may include a stipulation for any or all of the following:
(a) The voluntary payment by the person for the costs of investigation.
(b) An amount to be held in escrow pending the outcome of an action.
(c) An amount for restitution to an aggrieved person.
(2) An assurance of discontinuance shall be in writing and may be filed with the circuit court of Ingham county. The clerk of the court shall maintain a record of the filings. Unless rescinded by the parties or voided by a court for good cause, the assurance may be enforced in the circuit court by the parties to the assurance. The assurance may be modified by the parties or by a court for good cause.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.962 - Compliance With Terms of Notice; Prohibited Conduct; Civil Penalty; Petition for Order to Enforce Compliance; Violation of Final Order as Civil Contempt; Enjoining Person From Doing Business in State.

445.962 Compliance with terms of notice; prohibited conduct; civil penalty; petition for order to enforce compliance; violation of final order as civil contempt; enjoining person from doing business in state.
Sec. 12.
(1) A person upon whom a notice is served pursuant to section 11 shall comply with the terms of the notice unless otherwise provided by the order of the circuit court.
(2) A person who does any of the following shall be assessed a civil penalty of not more than $5,000.00:
(a) Knowingly without good cause fails to appear when served with a notice.
(b) Knowingly avoids, evades, or prevents compliance, in whole or in part, with an investigation, including the removal from any place, concealment, destruction, mutilation, alteration, or falsification of documentary material in the possession, custody, or control of a person subject to the notice.
(c) Knowingly conceals relevant information.
(3) The attorney general may file a petition in the circuit court of the county in which the person is established or conducts business or, if the person is not established in this state, in the circuit court of Ingham county for an order to enforce compliance with a subpoena or this section. A violation of a final order entered pursuant to this section shall be punished as civil contempt.
(4) Upon the petition of the attorney general, the circuit court may enjoin a person from doing business in this state if the person persistently and knowingly evades or prevents compliance with an injunction issued pursuant to this act.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.963 - Class Action for Actual Damages; Order; Appointment of Receiver; Sequestration of Assets; Cost of Notice; Effect of Bona Fide Error; Limitations.

445.963 Class action for actual damages; order; appointment of receiver; sequestration of assets; cost of notice; effect of bona fide error; limitations.
Sec. 13.
(1) The attorney general may bring a class action on behalf of persons residing in or injured in this state for the actual damages caused by a method, act, or practice in trade or commerce which is prohibited by this act.
(2) On motion of the attorney general and without bond in an action under this section the court may make an appropriate order: to reimburse persons who have suffered damages; to carry out a transaction in accordance with the aggrieved persons' reasonable expectations; to strike or limit the application of unconscionable clauses of contracts to avoid an unconscionable result; or to grant other appropriate relief. The court after a hearing may appoint a receiver or order sequestration of the defendant's assets if it appears to the satisfaction of the court that the defendant threatens or is about to remove, conceal, or dispose of his or her assets to the detriment of members of the class.
(3) If at any stage of the proceedings the court requires that notice be sent to the class, the attorney general may petition the court to require the defendant to bear the cost of the notice. In determining whether to impose the cost on the defendant or the state, the court shall consider the probability that the attorney general will succeed on the merits of the action.
(4) If the defendant shows by a preponderance of the evidence that a violation of this act resulted from a bona fide error notwithstanding the maintenance of procedures reasonably adapted to avoid the error, the amount of recovery shall be limited to actual damages.
(5) An action shall not be brought by the attorney general under this section more than 6 years after the occurrence of the method, act, or practice which is the subject of the action nor more than 1 year after the last payment in a transaction involving the method, act, or practice which is the subject of the action, whichever period of time ends on a later date.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.965 - Mailing Copy of Complaint, Judgment, Decree, or Order to Attorney General.

445.965 Mailing copy of complaint, judgment, decree, or order to attorney general.
Sec. 15.
(1) Upon commencement of an action brought pursuant to section 14 or 18, the clerk of the court shall mail a copy of the complaint to the attorney general, and upon entry of a judgment or decree in the action, the clerk of the court shall mail a copy of the judgment, decree, or order to the attorney general.
(2) In a subsequent action by the attorney general brought pursuant to section 13, proof of a violation of a permanent injunction issued pursuant to this act is conclusive evidence that the defendant engaged in a method, act, or practice which is unlawful under this act.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.966 - Payment of Filing Fees.

445.966 Payment of filing fees.
Sec. 16.
Payment of filing fees shall not be required in an action or filing for a voluntary assurance by the attorney general or prosecuting attorney pursuant to this act.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.967 - Aid and Assistance of Law Enforcement Officer.

445.967 Aid and assistance of law enforcement officer.
Sec. 17.
A law enforcement officer in the state, if requested by the attorney general or a prosecuting attorney, shall aid and assist in an investigation of an alleged or actual violation of this act.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.968 - Investigation and Prosecution by Prosecuting Attorney.

445.968 Investigation and prosecution by prosecuting attorney.
Sec. 18.
A prosecuting attorney may conduct an investigation pursuant to this act and may institute and prosecute an action under this act in the same manner as the attorney general.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 424 of 1984 - Rental-Purchase Agreement Act (445.951 - 445.970) › Section 445.969 - Other Causes of Action Not Affected; Inconsistent Ordinance or Regulation Prohibited.

445.969 Other causes of action not affected; inconsistent ordinance or regulation prohibited.
Sec. 19.
This act shall not affect any other cause of action which is available. A city, village, township, or county shall not enact an ordinance or other regulation inconsistent with this act or with a rule promulgated pursuant to this act.
History:
1984, Act 424, Eff. Mar. 29, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 169 of 1990 - Lease Contracts for Motor Vehicles (445.991 - 445.995) › Section 445.991 - Definitions.

445.991 Definitions.
Sec. 1.
As used in this act:
(a) "Lease contract" means a contract for the lease of a motor vehicle by a natural person for a term exceeding 30 days.
(b) "Lessee" means a natural person who leases a motor vehicle under a lease contract.
(c) "Lessor" means a natural person, partnership, corporation, association, or other legal entity that is engaged in the business of leasing, offering to lease, or arranging the lease of a motor vehicle under a lease contract.
(d) "Motor vehicle" means a vehicle, including passenger vans and minivans, that is self-propelled, that is capable of being operated on a highway or street in this state, and that is primarily intended for the transport of persons.
History:
1990, Act 169, Eff. Jan. 1, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 169 of 1990 - Lease Contracts for Motor Vehicles (445.991 - 445.995) › Section 445.992 - Lease Contract for Motor Vehicle; Statement Required; Signature or Initials of Lessee.

445.992 Lease contract for motor vehicle; statement required; signature or initials of lessee.
Sec. 2.
(1) A lease contract for a motor vehicle shall have a statement in a separate paragraph in the lease contract or on a separate sheet of paper attached to the lease contract advising the lessee that the early termination payoff balance of the motor vehicle as determined by the lessor may be different than the actual cash value of the motor vehicle as determined by the insurer of the vehicle.
(2) If under the terms of the contract the lessee is required to pay to the lessor the difference between the early termination payoff balance as determined by the lessor and the actual cash value as determined by the insurer, a statement explaining this fact shall be included in the lease contract immediately after the statement required by subsection (1). A space for the signature or initials of the lessee shall appear adjacent to the statement and the lessee shall place his or her signature or initials in that space indicating that he or she has read this statement and understands its content.
History:
1990, Act 169, Eff. Jan. 1, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 169 of 1990 - Lease Contracts for Motor Vehicles (445.991 - 445.995) › Section 445.993 - Failure of Lessor to Provide Notice or Obtain Lessee's Signature or Initials; Civil Action; Damages; Attorney's Fees; Limitation.

445.993 Failure of lessor to provide notice or obtain lessee's signature or initials; civil action; damages; attorney's fees; limitation.
Sec. 3.
(1) If a lessor fails to provide the notice required by this act or fails to obtain the lessee's signature or initials in the space provided and the lessor has invoked the terms of the contract requiring the lessee to pay to the lessor the difference between the early termination payoff balance as determined by the lessor and the actual cash value as determined by the insurer, then the lessor is subject to a civil action brought by the lessee.
(2) If the lessee is successful in the civil action, then the lessee may recover actual damages or $250.00, whichever is greater, together with reasonable attorney's fees.
(3) For purposes of this section, actual damages may not exceed the difference between the early termination payoff balance as determined by the lessor and the actual cash value as determined by the insurer.
History:
1990, Act 169, Eff. Jan. 1, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 169 of 1990 - Lease Contracts for Motor Vehicles (445.991 - 445.995) › Section 445.994 - Refusal to Sign Lease Contract.

445.994 Refusal to sign lease contract.
Sec. 4.
If a lessee does not agree to sign a lease contract in the space provided adjacent to the notice required by this act, the lessor may refuse to lease a motor vehicle to the lessee.
History:
1990, Act 169, Eff. Jan. 1, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 169 of 1990 - Lease Contracts for Motor Vehicles (445.991 - 445.995) › Section 445.995 - Effective Date.

445.995 Effective date.
Sec. 5.
This act shall take effect January 1, 1991.
History:
1990, Act 169, Eff. Jan. 1, 1991
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 2008 - Military Personnel Motor Vehicle Leasing Act (445.1011 - 445.1016) › Section 445.1011 - Short Title.

445.1011 Short title.
Sec. 1.
This act shall be known and may be cited as the "military personnel motor vehicle leasing act".
History:
2008, Act 144, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 2008 - Military Personnel Motor Vehicle Leasing Act (445.1011 - 445.1016) › Section 445.1012 - Definitions.

445.1012 Definitions.
Sec. 2.
As used in this act:
(a) "Active duty" means active duty pursuant to an executive order of the president of the United States, an act of congress, or an order of the governor.
(b) "Armed forces" means that term as defined in section 2 of the veteran right to employment services act, 1994 PA 39, MCL 35.1092.
(c) "Lessee" means that term as defined in section 1 of 1990 PA 169, MCL 445.991.
(d) "Lessor" means that term as defined in section 1 of 1990 PA 169, MCL 445.991.
(e) "Michigan national guard" means that term as defined in section 105 of the Michigan military act, 1967 PA 150, MCL 32.505.
(f) "Motor vehicle" means that term as defined in section 1 of 1990 PA 169, MCL 445.991.
(g) "Motor vehicle lease" means a lease contract as that term is defined in section 1 of 1990 PA 169, MCL 445.991.
(h) "Service member" means a member of the armed forces, a reserve branch of the armed forces, or the Michigan national guard.
History:
2008, Act 144, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 2008 - Military Personnel Motor Vehicle Leasing Act (445.1011 - 445.1016) › Section 445.1013 - Termination of Motor Lease by Service Member or Spouse; Requirements.

445.1013 Termination of motor lease by service member or spouse; requirements.
Sec. 3.
A service member who is deployed on active duty for a period of 180 days or more, or the spouse of that service member, may terminate any motor vehicle lease that meets all of the following requirements:
(a) The motor vehicle lease is entered into on or after the effective date of this act.
(b) The motor vehicle lease is executed by or on behalf of the service member as a lessee.
(c) The motor vehicle lease is executed before the service member is deployed on active duty.
History:
2008, Act 144, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 2008 - Military Personnel Motor Vehicle Leasing Act (445.1011 - 445.1016) › Section 445.1014 - Termination of Motor Vehicle Lease; Effectiveness.

445.1014 Termination of motor vehicle lease; effectiveness.
Sec. 4.
A termination of the motor vehicle lease under section 3 is effective on the date all of the following are met:
(a) The service member who is deployed on active duty, or the service member's spouse, provides the lessor by certified mail, return receipt requested, a written notice of the service member's intention to terminate the lease, a copy of the military or gubernatorial orders calling the service member to active duty, and a copy of any orders further extending the service member's period of active duty.
(b) The motor vehicle subject to the motor vehicle lease is returned to the custody or control of the lessor within 15 days after the delivery of the written notice under subdivision (a).
History:
2008, Act 144, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 2008 - Military Personnel Motor Vehicle Leasing Act (445.1011 - 445.1016) › Section 445.1015 - Termination of Motor Vehicle Lease; Payments; Charges; Refund of Advance Payments.

445.1015 Termination of motor vehicle lease; payments; charges; refund of advance payments.
Sec. 5.
(1) If a motor vehicle lease is terminated under this act, the lessee shall pay any past due lease payments owed to the lessor as of the effective date of the termination and a pro rata share of any current lease payments owed as of that effective date.
(2) If a motor vehicle lease is terminated under this act, the lessor may not impose an early termination charge for that termination. However, the lessee shall pay any taxes, court costs, title or registration fees, and any other obligation and liability of the lessee under the terms of the lease, including, but not limited to, reasonable charges to the lessee for excess wear, use, and mileage, that are due and unpaid as of the effective date of the termination.
(3) If a motor vehicle lease is terminated under this act, the lessor shall refund to the lessee any lease amounts paid in advance for a period after the effective date of the termination of that motor vehicle lease, within 30 days after the effective date of the lease's termination.
History:
2008, Act 144, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 144 of 2008 - Military Personnel Motor Vehicle Leasing Act (445.1011 - 445.1016) › Section 445.1016 - Civil Action; Equitable Relief; Civil Fine.

445.1016 Civil action; equitable relief; civil fine.
Sec. 6.
(1) Before the effective date of a motor vehicle lease termination under this act, the lessor may bring a civil action and, if appropriate, obtain equitable relief from all or part of the lessor's obligations to the lessee under this act.
(2) In addition to any other penalty that may be provided by law, the attorney general may file a civil action in which the court may impose on a lessor that violates this act a civil fine of not more than $1,000.00 for each violation. Money recovered under this subsection shall be forwarded to the state treasurer for deposit into the military family relief fund created in section 3 of the military family relief fund act, 2004 PA 363, MCL 35.1213.
History:
2008, Act 144, Imd. Eff. May 28, 2008
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 79 of 2016 - Solicitation of Deeds Act (445.1031 - 445.1037) › Section 445.1031 - Short Title.

445.1031 Short title.
Sec. 1.
This act shall be known and may be cited as the "solicitation of deeds act".
History:
2016, Act 79, Eff. July 11, 2016
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 79 of 2016 - Solicitation of Deeds Act (445.1031 - 445.1037) › Section 445.1032 - Definitions.

445.1032 Definitions.
Sec. 2.
As used in this act:
(a) "Deed" means a written instrument entitled to be recorded in the office of the register of deeds that purports to convey or transfer title to a freehold interest in any lands, tenements, or other realty in this state by way of grant or bargain and sale from the named grantor to the named grantee. A leasehold interest for 99 years or more or a proprietary lease of a cooperative unit and any assignment of a proprietary lease of a cooperative unit shall be treated as a "freehold". Deed does not include instruments providing for any of the following:
(i) Common driveways.
(ii) Exchanges of easements or rights-of-way.
(iii) Revocable licenses to use, adjust, or clear defects of or clouds on title.
(iv) Utility service lines such as drainage, sewerage, water, electric, telephone, or other such service lines.
(v) Quitclaim of possible outstanding interests.
(b) "Department" means the department of attorney general.
(c) "Person" means an individual, partnership, corporation, association, governmental entity, or other legal entity.
(d) "Public body" means that term as it is defined in section 2 of the freedom of information act, 1976 PA 442, MCL 15.232.
(e) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(f) "Solicit" means to advertise or market to a person with whom the solicitor has no preexisting business relationship.
History:
2016, Act 79, Eff. July 11, 2016
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 79 of 2016 - Solicitation of Deeds Act (445.1031 - 445.1037) › Section 445.1033 - Soliciting Fee for Providing Copy of Deed; Statement on Document Required; Contents; Form; Rules; Fee; Limitation; Furnishing Copy of Document to County Office of Register of Deeds.

445.1033 Soliciting fee for providing copy of deed; statement on document required; contents; form; rules; fee; limitation; furnishing copy of document to county office of register of deeds.
Sec. 3.
(1) A person soliciting a fee for providing a copy of a deed or a free copy of a deed in connection with the solicitation for any other service or product shall state on the top of the document used for the solicitation, in at least 24-point type, all of the following:
(a) That the solicitation is not from a public body.
(b) That no action is legally required by the person being solicited.
(c) The statutory fee for, or the cost of, obtaining a copy of the deed from the public body that has custody of the record.
(d) The information necessary to contact the public body that has custody of the deed.
(e) The name and physical address of the person soliciting the fee.
(2) The document used for a solicitation under this section shall not be in a form or use deadline dates or other language that makes the document appear to be a document issued by a public body or that appears to impose a legal duty on the person being solicited. The department may promulgate rules specifying the contents and form of the solicitation document.
(3) A person soliciting a fee for providing a copy of a deed shall not charge a fee of more than 4 times the statutory fee charged by the public body that has custody of the deed for a copy of that deed.
(4) A person soliciting a fee from property owners for providing a copy of a deed shall furnish the office of the register of deeds of each county where the solicitations are to be distributed with a copy of the document that will be used for those solicitations not less than 15 days before distributing the solicitations.
History:
2016, Act 79, Eff. July 11, 2016
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 79 of 2016 - Solicitation of Deeds Act (445.1031 - 445.1037) › Section 445.1034 - Exceptions.

445.1034 Exceptions.
Sec. 4.
This act does not apply to any of the following:
(a) A title insurance company authorized to do business in this state or its authorized agent.
(b) A licensed mortgage loan originator, mortgage broker, lender, or servicer, or a depository financial institution authorized under state and federal law to originate or service mortgage loans.
(c) A real estate broker or salesperson licensed under article 25 of the occupational code, 1980 PA 299, MCL 339.2501 to 339.2518.
History:
2016, Act 79, Eff. July 11, 2016
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 79 of 2016 - Solicitation of Deeds Act (445.1031 - 445.1037) › Section 445.1035 - Investigation; Violation; Penalty.

445.1035 Investigation; violation; penalty.
Sec. 5.
The department may investigate violations of this act. The department may request the attorney general to bring an action against any person that violates this act. The court may order a person that violates this act to refund all of the money paid to the violator with respect to the solicitation. In addition, the person may be ordered to pay, for a first violation, a civil fine of not more than $100.00 for each solicitation document distributed in violation of this act or, for a subsequent violation, a civil fine of not more than $200.00 for each solicitation document distributed in violation of this act. A fine collected under this section shall be paid to the clerk of the court. A civil fine collected under this section shall be distributed to public libraries in the same manner as provided for penal fines under 1964 PA 59, MCL 397.31 to 397.40.
History:
2016, Act 79, Eff. July 11, 2016
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 79 of 2016 - Solicitation of Deeds Act (445.1031 - 445.1037) › Section 445.1036 - Action by Attorney General; Remedies; Notice; Violation of Terms of Injunction, Order, Decree, or Judgment.

445.1036 Action by attorney general; remedies; notice; violation of terms of injunction, order, decree, or judgment.
Sec. 6.
(1) If the attorney general has probable cause to believe that a person has engaged, is engaging, or is about to engage in a method, act, or practice that is unlawful under this act, and gives notice in accordance with this section, the attorney general may bring an action in accordance with principles of equity to restrain the defendant by temporary or permanent injunction from engaging in the method, act, or practice. The action may be brought in the circuit court of the county where the defendant is established or conducts business or, if the defendant is not established in this state, in the circuit court of Ingham County.
(2) Unless waived by the court on good cause shown not less than 10 days before the commencement of an action under this section, the attorney general shall notify the person of his or her intended action and give the person an opportunity to cease and desist from the alleged unlawful method, act, or practice or to confer with the attorney general, in person, by counsel, or by other representative as to the proposed action before the proposed filing date. The notice may be given the person by mail, postage prepaid, to his or her usual place of business or, if the person does not have a usual place of business, to his or her last known address, or, if the person is a corporation, only to a resident agent who is designated to receive service of process or to an officer of the corporation.
(3) A person that knowingly violates the terms of an injunction, order, decree, or judgment issued pursuant to this section shall forfeit and pay to the state a civil fine of not more than $5,000.00 for each violation. For the purposes of this section, the court issuing an injunction, order, decree, or judgment shall retain jurisdiction, the cause shall be continued, and the attorney general may petition for recovery of a civil fine as provided by this section.
History:
2016, Act 79, Eff. July 11, 2016
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 54 of 1994 - Wheelchairs (445.1081 - 445.1087) › Section 445.1082 - Sale or Lease of Wheelchair; Express Warranty; Duration; Failure to Furnish.

445.1082 Sale or lease of wheelchair; express warranty; duration; failure to furnish.
Sec. 2.
(1) A manufacturer who sells or leases a wheelchair to a consumer, either directly or through a wheelchair dealer, shall furnish the consumer with an express warranty for the wheelchair. The duration of the express warranty shall be not less than 1 year after first delivery of a new wheelchair to the consumer or 60 days in the case of a used, refurbished or reconditioned wheelchair.
(2) If a manufacturer fails to furnish an express warranty as required by this section, the wheelchair shall be covered by a warranty from the manufacturer as if the manufacturer had furnished an express warranty to the consumer as required by this section.
History:
1994, Act 54, Imd. Eff. Mar. 31, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 54 of 1994 - Wheelchairs (445.1081 - 445.1087) › Section 445.1084 - Receipt by Consumer of Comparable Wheelchair or Refund; Transfer of Wheelchair to Manufacturer.

445.1084 Receipt by consumer of comparable wheelchair or refund; transfer of wheelchair to manufacturer.
Sec. 4.
(1) To receive a wheelchair of comparable quality, size, and function or a refund, a consumer of a purchased wheelchair shall first offer to the manufacturer of the wheelchair having the nonconformity the transfer of that wheelchair to the manufacturer.
(2) Not later than 30 business days after the offer described in subsection (1), the manufacturer shall provide the consumer with a wheelchair of comparable quality, size, and function or a refund.
(3) When the manufacturer provides the wheelchair or refund, the consumer shall return the wheelchair having the nonconformity to the manufacturer, along with any endorsements necessary to transfer possession to the manufacturer.
History:
1994, Act 54, Imd. Eff. Mar. 31, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 54 of 1994 - Wheelchairs (445.1081 - 445.1087) › Section 445.1085 - Leased Wheelchair; Refund.

445.1085 Leased wheelchair; refund.
Sec. 5.
(1) To receive a refund due on a leased wheelchair, a consumer shall offer to return the wheelchair having the nonconformity to the wheelchair lessor.
(2) Not later than 30 business days after the offer described in subsection (1), the wheelchair lessor shall provide the refund to the consumer.
(3) When the wheelchair lessor provides the refund, the consumer shall return to the wheelchair lessor the wheelchair having the nonconformity.
(4) A wheelchair lessor shall offer to transfer possession of the wheelchair returned pursuant to subsection (3) to the manufacturer. Not later than 30 business days after that offer, the manufacturer shall provide the refund to the wheelchair lessor. When the manufacturer provides the refund, the wheelchair lessor shall provide to the manufacturer any endorsements necessary to transfer possession to the manufacturer.
History:
1994, Act 54, Imd. Eff. Mar. 31, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 54 of 1994 - Wheelchairs (445.1081 - 445.1087) › Section 445.1086 - Sale or Lease of Returned Wheelchair.

445.1086 Sale or lease of returned wheelchair.
Sec. 6.
A wheelchair returned by a consumer in this state under this act, or by a consumer in another state under a similar law of that state, shall not be sold or leased again in this state unless full disclosure of the reasons for return is made to the prospective buyer or lessee.
History:
1994, Act 54, Imd. Eff. Mar. 31, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 54 of 1994 - Wheelchairs (445.1081 - 445.1087) › Section 445.1087 - Rights and Remedies of Consumer.

445.1087 Rights and remedies of consumer.
Sec. 7.
(1) This act does not limit the rights or remedies available to a consumer under any other statute of this state.
(2) A waiver by a consumer of rights under this act is void.
(3) In addition to pursuing any other remedy, a consumer may bring an action to recover for damages caused by a violation of this act. If the manufacturer is found to have violated this act, the court shall award the consumer the amount of actual damages caused by the violation and may award the consumer costs and reasonable attorney fees.
History:
1994, Act 54, Imd. Eff. Mar. 31, 1994
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 295 of 2012 - Homeowner Protection Fund Act (445.1091 - 445.1092) › Section 445.1091 - Short Title.

445.1091 Short title.
Sec. 1.
This act shall be known and may be cited as the "homeowner protection fund act".
History:
2012, Act 295, Imd. Eff. Aug. 1, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 295 of 2012 - Homeowner Protection Fund Act (445.1091 - 445.1092) › Section 445.1092 - Homeowner Protection Fund; Administration; Receipt, Deposit, and Investment of Money and Assets; Money Remaining in Fund at Close of Fiscal Year; Expenditures.

445.1092 Homeowner protection fund; administration; receipt, deposit, and investment of money and assets; money remaining in fund at close of fiscal year; expenditures.
Sec. 2.
(1) The homeowner protection fund is created in the state treasury. The state treasurer shall be the administrator of the fund. Except for auditing purposes, the state treasurer shall administer the fund in consultation with the department of the attorney general. The state treasurer may receive money or other assets from any source for deposit into the fund. The state treasurer shall receive for deposit into the fund money allocated to this state from the April 4, 2012 consent judgments affecting the 5 largest defendant mortgage loan servicers in United States v Bank of America Corp, No. 12-0361-RMC (United States District Court for the District of Columbia). The state treasurer shall direct the investment of the fund. The state treasurer shall credit to the fund interest and earnings from fund investments. Money in the fund at the close of the fiscal year shall remain in the fund and shall not lapse to the general fund.
(2) Money in the fund shall be expended, upon appropriation, in a manner and for purposes consistent with the consent judgments referred to in subsection (1).
History:
2012, Act 295, Imd. Eff. Aug. 1, 2012
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 332 of 1965 - Home Improvement Finance Act (445.1101 - 445.1431) › 332-1965-1 - Part 1 (445.1101...445.1111) › Section 445.1101 - Home Improvement Finance Act; Short Title.

445.1101 Home improvement finance act; short title.
Sec. 101.
This act shall be known and may be cited as the "home improvement finance act".
History:
1965, Act 332, Eff. Jan. 1, 1966
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 332 of 1965 - Home Improvement Finance Act (445.1101 - 445.1431) › 332-1965-1 - Part 1 (445.1101...445.1111) › Section 445.1111 - Effect of Compliance With Truth in Lending Act.

445.1111 Effect of compliance with truth in lending act.
Sec. 111.
Compliance with the requirements of the truth in lending act, title I of Public Law 90-321, 15 U.S.C. 1601 to 1608, 1610 to 1613, 1615, 1631 to 1635, 1637 to 1638, 1640 to 1647, and 1661 to 1667e, is compliance with the disclosure provisions of section 203(b), (c), (d), (e), (f), (g), (h), (i), (j), and (k), and section 204a(3).
History:
Add. 1969, Act 30, Imd. Eff. July 10, 1969 ;-- Am. 1985, Act 202, Imd. Eff. Dec. 27, 1985 ;-- Am. 1993, Act 97, Imd. Eff. July 13, 1993
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 332 of 1965 - Home Improvement Finance Act (445.1101 - 445.1431) › 332-1965-2 - Part 2 (445.1201...445.1209) › Section 445.1201 - Home Improvement Installment Contract; Date, Form.

445.1201 Home improvement installment contract; date, form.
Sec. 201.
A home improvement installment contract shall be dated and in writing and the printed portion thereof shall be in at least 8-point type.
History:
1965, Act 332, Eff. Jan. 1, 1966
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 332 of 1965 - Home Improvement Finance Act (445.1101 - 445.1431) › 332-1965-2 - Part 2 (445.1201...445.1209) › Section 445.1202 - Home Improvement Installment Contract; Contents Required.

445.1202 Home improvement installment contract; contents required.
Sec. 202.
A home improvement installment contract shall contain:
(a) The entire agreement of the parties with respect to the goods and services.
(b) Either at the top of the contract or directly above the space reserved for the signature of the buyer, the words "home improvement installment contract" and shall appear in at least 10-point bold type.
(c) A notice in at least 8-point bold type reading as follows: "Notice to buyer: (1) Do not sign this contract before you read it. (2) You are entitled to a completely filled-in copy of this contract. (3) Under the law, you have the right to pay off in advance the full amount due and, under certain conditions, to obtain a partial refund of the finance charge. (4) You may rescind or cancel this contract, not later than 5 p.m. on the business day following the date thereof by giving written notice of rescission to the contractor or his agent at his place of business given in the contract or by mailing the notice or cancellation to the contractor to his place of business given in the contract by depositing a properly addressed certified letter in a United States post office or mail box, but if you rescind after 5 p.m. on the business day following, you are still entitled to offer defenses in mitigation of damages and to pursue any rights of action or defenses that arise out of the transaction".
History:
1965, Act 332, Eff. Jan. 1, 1966
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 332 of 1965 - Home Improvement Finance Act (445.1101 - 445.1431) › 332-1965-2 - Part 2 (445.1201...445.1209) › Section 445.1204 - Home Improvement Installment Contract; Delivery of Copy to Buyer; Acknowledgment, Form.

445.1204 Home improvement installment contract; delivery of copy to buyer; acknowledgment, form.
Sec. 204.
The contractor shall deliver to the buyer at the time the contract is executed a copy thereof completed in accordance with the provisions of this act. Until the contractor does so, the buyer shall not be obligated to pay. Any acknowledgment by the buyer of the delivery of a copy of the contract shall be printed or written in a size equal to at least 10-point bold type and, if contained in the contract, shall also appear directly above the space reserved for the buyer's signature. The buyer's written acknowledgment, conforming to the requirements of this section of delivery of a copy of a contract, shall be evidence of such delivery and of compliance with this section in any action or proceeding by or against an assignee of the contract without knowledge to the contrary when he purchases the contract.
History:
1965, Act 332, Eff. Jan. 1, 1966
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 332 of 1965 - Home Improvement Finance Act (445.1101 - 445.1431) › 332-1965-2 - Part 2 (445.1201...445.1209) › Section 445.1204b - Home Improvement Charge Agreement; Time Price Differential; Lien on Buyer's Principal Residence Prohibited; Attorney's Fee.

445.1204b Home improvement charge agreement; time price differential; lien on buyer's principal residence prohibited; attorney's fee.
Sec. 204b.
(1) A home improvement charge agreement may provide for, and the contractor or holder may then charge, collect, and receive, a time price differential for the privilege of paying in installments under the agreement, in an amount not to exceed 1.2% of the unpaid balance per month. An agreement may further provide that if the interest rate paid at 2 successive auctions of 26-week United States treasury bills is 8% or more, then on a home improvement charge sale made after that date the time price differential shall not exceed 1.375% of the unpaid balance per month, but if the interest rate paid at 2 successive auctions of 26-week United States treasury bills falls below 8%, then the time price differential on a home improvement charge sale made after that date shall not exceed 1.2% of the unpaid balance per month, unless the interest rate paid at 2 successive auctions of 26-week United States treasury bills again is 8% or more, in which case the time price differential on a home improvement charge sale made after that date shall not exceed 1.375% of the unpaid balance per month. The time price differential under this subsection shall be computed on all amounts unpaid under the agreement from month to month, which need not be calendar months, or other regular periods. A minimum time price differential not in excess of 70 cents per month may be charged, collected, and received.
(2) The time price differential for purchases made under a home improvement charge agreement shall not be computed or imposed on an amount charged for the sale of goods or services until those goods or services have been delivered to the purchaser of the goods or services. If the time price differential is charged before delivery of the goods or services, the charges applied before the delivery date shall be adjusted upon the request of the purchaser in accordance with part D of title I of the federal consumer credit protection act, 15 U.S.C. 1666 to 1666j.
(3) A change in the rate of the time price differential charged pursuant to a home improvement charge agreement shall not apply to a balance incurred prior to the effective date of the change.
(4) An extension of credit under a home improvement charge agreement shall not be secured by a lien on the buyer's principal residence.
(5) A home improvement charge agreement may also provide for the payment of an attorney's reasonable fee where it is referred for collection to an attorney who is not a salaried employee of the holder of the home improvement charge agreement or an unpaid balance under the agreement, and for court costs.
History:
Add. 1985, Act 202, Imd. Eff. Dec. 27, 1985
2023 Michigan Compiled Laws › Chapter 445 - Trade and Commerce › Act 332 of 1965 - Home Improvement Finance Act (445.1101 - 445.1431) › 332-1965-2 - Part 2 (445.1201...445.1209) › Section 445.1205 - Home Improvement Installment Contract; Statement as to Insurance.

445.1205 Home improvement installment contract; statement as to insurance.
Sec. 205.
If the premium paid for group credit life or other insurance is included in the home improvement installment contract and a separate charge is made to the buyer for such insurance, the contract shall state whether the insurance is to be procured by the buyer or the contractor.
History:
1965, Act 332, Eff. Jan. 1, 1966