reglab/statecodes huggingface dataset:
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3 - APPRAISER EDUCATION › Section R. 339.23311 - Courses, activities not acceptable for prelicensure or continuing education

Current through Vol. 24-12, July 15, 2024
Rule 311.
The department shall not approve a prelicensure or
						continuing education course or activity, nor shall it grant credit to a
						licensee for the USPAP course for any of the following:
(a) Courses that do not provide student or
					 licensee access to an instructor during the course.
(b) Courses that deal with employment-related
					 topics including explanations of rights, benefits, and responsibilities;
					 organizational structure; and on-the-job methods, processes, or
					 procedures.
(c) Membership in or
					 service in an office, or on a committee of a professional, occupational, trade,
					 or industry society or organization.
(d) Conferences, delegate assemblies, or
					 similar meetings of professional organizations for policy-making
					 purposes.
(e) Meetings and
					 conventions of societies and associations; however, educational activities that
					 are provided independently by an approved course sponsor and that are held
					 concurrently with a meeting or convention of societies or associations may be
					 given credit.
(f) Attendance at
					 lecture series, cultural performances, entertainment, or recreational meetings
					 or activities, or participation in travel groups, unless these activities are
					 an integral part of a course that is approved pursuant to these
					 rules.
(g) On-the-job training,
					 apprenticeships, and other work experiences.
(h) Courses in sales promotion, motivation,
					 marketing, psychology, time management, mechanical office, or business skills,
					 including typing, speed-reading, or the use of office machines or equipment
					 other than calculators or computers.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3 - APPRAISER EDUCATION › Section R. 339.23313 - Misleading information

Current through Vol. 24-12, July 15, 2024
Rule 313.
A person, including a sponsor, shall not provide
						misleading information about courses or any component of a course. Information
						is misleading when, taken as a whole, there is a probability that it deceives
						the class of persons that it is intended to influence. A sponsor shall not
						represent that the department's approval of a course is a recommendation or
						endorsement of the sponsor or the content of the course.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3 - APPRAISER EDUCATION › Section R. 339.23315 - Denial, suspension, or rescission of approval to offer courses; violation of code or rules

Current through Vol. 24-12, July 15, 2024
Rule 315. A real estate sponsor or instructor is subject
						to the penalties of section
						602 of the code, MCL
						339.602, including recission of
						course approval, for any of the following reasons:
(a) Failing to comply with the requirements
					 of the code or these rules.
(b)
					 Having a high rate of failure on a licensing examination as a result of a lack
					 of competent instruction.
(c)
					 Making a substantial misrepresentation regarding an appraisal education sponsor
					 or course.
(d) Pursuing a continued
					 course of misrepresentation or making false promises through agents,
					 salespersons, advertising, or otherwise.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3A - PRELICENSURE EDUCATION › Section R. 339.23316 - Prelicensure education

Current through Vol. 24-12, July 15, 2024
Rule 316.
Prelicensure education courses may be used to obtain
						credit for both prelicensure education and continuing education. However, the
						prelicensure exam may not be used toward continuing education
						hours.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3A - PRELICENSURE EDUCATION › Section R. 339.23317 - Prelicensure education; application for course approval; forms; requirements; unacceptable courses

Current through Vol. 24-12, July 15, 2024
Rule 317.
(1) An
					 application for approval of a prelicensure real estate appraiser education
					 course must be made on forms provided by the department. The department shall
					 accept or reject the application.
(2) The application must include all of the
					 following information:
(a) The course
					 title.
(b) The number of classroom
					 hours to be given for completion of the course.
(c) The name, business address, and telephone
					 number of the sponsor.
(d) The
					 name, business address, and telephone number of the course
					 coordinator.
(e) The name, license
					 number, and qualifications of instructors.
(f) A detailed outline of the subject matter
					 to be covered and the number of classroom hours to be devoted to each topic, as
					 it will appear in the student or licensee syllabus.
(g) A summary of the required topics for
					 prelicensure that are covered in the course completed on the subject matter
					 matrix provided by the department.
(h) The methodology for verifying and
					 monitoring attendance, including the class make-up policy. A sponsor shall have
					 a written make-up policy for students or licensees who are absent from all or a
					 part of regularly scheduled class sessions. If there are no opportunities to
					 make up missed sessions, that policy must be stated.
(i) The standards a student or licensee must
					 meet to complete the course, including assignments, projects, examinations, and
					 the passing score on the examination that must be given at the completion of
					 the course for a student or licensee to demonstrate mastery of the material
					 covered. For a distance education course, a student must pass a written,
					 closed-book examination proctored by an official approved by the presenting
					 college or university or by the sponsoring organization. Remote proctoring,
					 including bio-metric proctoring, is acceptable. A written examination includes
					 both written on paper or administered electronically on a computer or other
					 device. Oral examinations are not acceptable.
(j) Proof that the sponsor is an entity that
					 may offer prelicensure real estate appraisal education courses under section
					 2617(2) of the
					 code, MCL
					 339.2617.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3A - PRELICENSURE EDUCATION › Section R. 339.23319 - Prelicensure education; student or licensee records; permanent record; course completion certificate

Current through Vol. 24-12, July 15, 2024
Rule 319.
(1) A
					 course sponsor shall establish and permanently maintain a record for each
					 student or licensee. The record must contain all of the following information:
(a) The student's or licensee's name and
					 address.
(b) The student's or
					 licensee's date of birth.
(c) The
					 number of classroom hours attended.
(d) The title of the course and the
					 department's course completion number.
(e) The date of course completion.
(f) The student's or licensee's
					 grade.
(g) The licensee's real
					 estate appraiser license number, if applicable.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3A - PRELICENSURE EDUCATION › Section R. 339.23320 - Prelicensure requirements for USPAP

Current through Vol. 24-12, July 15, 2024
Rule 320.
(1) An
					 applicant for licensure shall successfully complete the 15-hour national USPAP
					 course required by the AQB. Equivalency is determined through the AQB course
					 approval program or by an alternate method established by the AQB.
(2) USPAP qualifying education credit shall
					 be awarded only when the class is instructed by at least 1 instructor who is an
					 AQB certified instructor and who is a certified residential real estate
					 appraiser or a certified general real estate appraiser.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3B - CONTINUING EDUCATION › Section R. 339.23321 - Continuing education; application for course approval; forms; requirements

Current through Vol. 24-12, July 15, 2024
Rule 321.
(1) An
					 application for approval of a continuing education course must be made on forms
					 provided by the department. The department shall accept or reject the
					 application.
(2) The completed
					 application forms must be submitted to the department not less than 60 days
					 before the date the course is conducted.
(3) The application must include, but not be
					 limited to, all of the following information:
(a) The course title.
(b) The number of classroom hours to be given
					 for completion of the course.
(c)
					 The name, business address, and telephone number of the sponsor.
(d) The name, business address, and telephone
					 number of the course coordinator.
(e) The name, license number, and
					 qualifications of instructors.
(f)
					 An outline of the subject matter to be covered and the number of classroom
					 hours to be devoted to each topic, as it will appear in the syllabus.
(g) The methodology for verifying and
					 monitoring attendance. A licensee shall attend the entire course to obtain
					 credit for the course. Credit for a distance learning course requires
					 completion of the entire course. A licensee shall not receive credit for
					 attending the same course more than 1 time during the same license renewal
					 cycle.
(h) The standards a licensee
					 must meet to complete the course, including assignments, projects, or
					 examinations. The sponsor, at its discretion, may give course examinations. The
					 sponsor shall require 1 of the following evaluations for an asynchronous
					 distance education course:
(i) A written
					 examination proctored by an official approved by a college or university or by
					 the sponsoring organization. Remote proctoring consistent with the requirements
					 of the AQB criteria is acceptable. A written examination includes both written
					 on paper or administered electronically on a computer or other device. Oral
					 exams are not acceptable.
(ii)
					 Successful completion of prescribed course mechanism required to demonstrate
					 knowledge of the subject matter.
(i) Proof that the sponsor is an entity that
					 may offer continuing education courses under section
					 2617(2) of the
					 code, MCL
					 339.2617.
(j) Information to demonstrate that the
					 course meets the requirements of the AQB criteria and is designed to improve
					 and maintain the capability of a licensee to perform activities regulated by
					 the code.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3B - CONTINUING EDUCATION › Section R. 339.23323 - Continuing education; licensee records; permanent record; course completion certificate

Current through Vol. 24-12, July 15, 2024
Rule 323.
(1) A
					 course sponsor shall establish and permanently maintain a record for each
					 licensee. The record must contain all of the following information:
(a) The licensee's name, address, and license
					 number.
(b) The number of classroom
					 hours attended.
(c) The title of
					 the course and the date of course completion.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3B - CONTINUING EDUCATION › Section R. 339.23325 - Continuing education; course credit for instructors

Current through Vol. 24-12, July 15, 2024
Rule 325.
Real estate appraisers who are also instructors may earn
						up to ½ of their required real estate appraiser continuing education
						credit per license cycle by teaching an approved real estate appraiser course.
						Credit is granted to an instructor once in a licensing cycle for the same
						course either as a licensee or as an instructor.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 3B - CONTINUING EDUCATION › Section R. 339.23326 - Continuing education requirements for a licensee

Current through Vol. 24-12, July 15, 2024
Rule 326.
(1) A
					 licensed appraiser shall successfully complete the 7-hour national USPAP update
					 course, or its equivalent, not less than every 2 years. Equivalency is
					 determined through the AQB course approval program or by an alternate method
					 established by the AQB.
(2) USPAP
					 qualifying education credit is awarded only when the class is taught by at
					 least 1 instructor who is an AQB certified instructor and who is a certified
					 residential real estate appraiser or a certified general real estate
					 appraiser.
(3) Every 2 years, a
					 licensed appraiser shall successfully complete not less than 2 hours of
					 continuing education devoted to this state's appraiser license law and
					 rules.
(4) Credit for attending the
					 board of real estate appraisers meeting pursuant to the AQB criteria requires
					 proof of attendance by submission of the department form with the signature of
					 a board member or department staff person.
(5) The department shall not grant waivers to
					 a licensee who has failed to meet the continuing education
					 requirements.
(6) The department
					 shall not grant deferrals to a licensee, except in the case of an individual
					 returning from active military duty, or an individual impacted by a state or
					 federally declared disaster. The department may allow a licensee returning from
					 active military duty to remain in active status for a period of up to 90 days
					 pending completion of all continuing education requirements. The department may
					 allow a licensee impacted by a state or federally declared disaster that occurs
					 within 90 days before the end of the continuing education cycle to remain in
					 active status for a period of up to 90 days after the end of the licensee's
					 continuing education cycle, pending completion of all continuing education
					 requirements.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 4 - STANDARDS OF CONDUCT › Section R. 339.23401 - Licensee relationship to others participating in preparation of appraisals

Current through Vol. 24-12, July 15, 2024
Rule 401.
A state licensed or certified residential or certified
						general real estate appraiser shall not sign an appraisal report for a
						federally related transaction unless that licensee has performed the appraisal
						pursuant to USPAP and is properly licensed to perform the assignment. The
						material participation of any other individual in preparing the report must be
						acknowledged in the report as required by USPAP regardless of the licensure
						status of the other individual. The signature of a state-licensed, a certified
						residential, or a certified general appraiser as a supervisory or co-signing
						appraiser must not be used to mask the preparation of a report by an individual
						who is not authorized to sign the report.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 4 - STANDARDS OF CONDUCT › Section R. 339.23403 - State-licensed real estate appraiser; certified residential real estate appraiser; certified general real estate appraiser; allowed functions

Current through Vol. 24-12, July 15, 2024
Rule 403.
(1) If
					 a state-licensed real estate appraiser is properly qualified to undertake an
					 assignment, a state-licensed real estate appraiser may perform any of the
					 following appraisal services:
(a) Appraise
					 properties that are not federally related transactions.
(b) Appraise 1 to 4-family residential
					 properties, unless the transaction value is $1,000,000.00 or more or the
					 property is complex and must be appraised by a certified residential or
					 certified general real estate appraiser.
(c) Appraise nonresidential properties for
					 federally related transactions and real estate related financial transactions
					 where the transaction value is less than $250,000.00.
(d) Assist a certified residential or
					 certified general real estate appraiser in the development of an appraisal of a
					 complex residential property or a nonresidential property that is the subject
					 of a federally related transaction, as appropriate. The state-licensed real
					 estate appraiser shall not sign the report. However, the certified residential
					 or certified general real estate appraiser shall acknowledge the specific
					 contributions of the state-licensed real estate appraiser within the appraisal
					 report.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Appraiser › Board of Real Estate Appraisers › Part 4 - STANDARDS OF CONDUCT › Section R. 339.23405 - Advertising

Current through Vol. 24-12, July 15, 2024
Rule 405.
(1) A
					 licensee shall state the level of license held in all advertising. Merely
					 stating that the person is licensed does not satisfy the provisions of this
					 subrule. However, in a directory listing or similar situation where space is
					 limited, it is sufficient disclosure for a licensee to use the words certified
					 general, certified residential, state-licensed, or limited appraiser, as
					 appropriate, without additional wording.
(2) A licensee shall place his or her license
					 number and license level on all reports and shall produce evidence of licensing
					 upon request by a member of the public or a representative of the department. A
					 license number is not required in advertising material.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 1 - GENERAL PROVISIONS › Section R. 339.22101 - Definitions

Current through Vol. 24-12, July 15, 2024
Rule 101.
(1) As
					 used in these rules:
(a) "Code" means the
					 occupational code, 1980 PA 299, MCL 339.101 to 339.2677.
(b) "Department" means the department of
					 licensing and regulatory affairs.
(c) "Disability" means a determinable
					 physical or mental characteristic, which may result from disease, injury,
					 congenital condition of birth, or functional disorder, that prevents a broker
					 from performing his or her duties under the code.
(d) "Instructor" means an individual who is
					 approved to teach prelicensure classes pursuant to section 2504(4) of the code,
					 MCL 339.2504.
(e) "Program
					 coordinator" means the individual responsible for supervising the
					 administration of approved courses.
(f) "Real estate school" means an approved
					 entity that represents to the public that any of its courses fulfill, in whole
					 or in part, the requirements of section 2504(l) and (2) of the code, MCL
					 339.2504, for prelicensure education.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 1 - GENERAL PROVISIONS › Section R. 339.22199 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 199. R 338.2601 to R 338.2619, R 338.2701, R
						338.2703, and R 338.2721 to R 338.2786 of the Michigan Administrative Code,
						appearing on pages 2569 to 2585 of the 1979 Michigan Administrative Code, are
						rescinded.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 2 - LICENSING › Section R. 339.22203 - Prelicensure education broker license; prelicensure education equivalents for broker license; prelicensure education salesperson license

Current through Vol. 24-12, July 15, 2024
Rule 203.
(1) An
					 applicant for a real estate broker's license shall satisfy all requirements of
					 the code including completing 90 hours of approved prelicensure classroom
					 courses in real estate of which 9 clock hours must be on civil rights and fair
					 housing law. The broker prelicensure education must be completed not more than
					 36 months before the date of application, unless the applicant held an active
					 real estate salesperson license during that period.
(2) Approved prelicensure education for a
					 real estate broker license must meet the criteria established by the department
					 but may be reviewed and preapproved by a statewide real estate trade
					 association for subject matter relevant to the practice of real estate. Not
					 more than 1 broker course on the same subject will be accepted for
					 credit.
(3) An applicant for a real
					 estate broker license shall be given prelicensure classroom course credit for
					 the following:
(a) Possession of a law degree
					 is considered equivalent to 60 clock hours of real estate education including 6
					 clock hours of instruction on civil rights law and fair housing law.
(b) Possession of a master's degree in
					 business administration or finance from a degree or certificate granting public
					 or independent nonprofit college or university, junior college, or community
					 college is considered equivalent to 60 clock hours of real estate
					 education.
(c) Possession of a
					 bachelor's degree in business or finance from a degree or certificate granting
					 public or independent nonprofit college or university, junior college, or
					 community college is considered equivalent to 30 clock hours of real estate
					 education.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 2 - LICENSING › Section R. 339.22217 - Acceptable related experience for broker and associate broker applicants

Current through Vol. 24-12, July 15, 2024
Rule 217. For purposes of calculating the time an
						applicant for a license as a broker or an associate broker has been engaged in
						the real estate business, as required by section 2505(7)(b)(viii) of the code,
						MCL 339.2505, both of the following apply:
(a) A person holding a real estate license in
					 another state shall be given 1 year of credit for each year in which he or she
					 closed 5 or more real estate transactions.
(b) An applicant shall be given 1 year of
					 credit for managing at least 10 units, located in the state of Michigan, for 3
					 or more years.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 3 - LAPSE OF BROKER'S LICENSE AND BROKER'S DEATH OR DISABILITY › Section R. 339.22219 - Lapse of broker's license

Current through Vol. 24-12, July 15, 2024
Rule 219.
(1) If
					 a broker's license is lapsed, the licenses of all real estate salespersons and
					 all affiliated associate real estate brokers employed by that real estate
					 broker are automatically suspended until that real estate broker is relicensed
					 pursuant to section 2502a(3) of the code, MCL 339.2502a
,
or until
					 there is a change of employer and the issuance of a new license.
(2) If a real estate salesperson or
					 affiliated associate real estate broker whose license was suspended pursuant to
					 subrule (1) of this rule becomes employed by a different licensed broker, the
					 department shall issue a new license to the salesperson or associate real
					 estate broker without charge if the license is issued during the same term in
					 which the original license was issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 3 - LAPSE OF BROKER'S LICENSE AND BROKER'S DEATH OR DISABILITY › Section R. 339.22221 - Death or disability of broker

Current through Vol. 24-12, July 15, 2024
Rule 221.
(1) If
					 a broker's sole principal associate broker dies or becomes disabled, the
					 department shall allow all affiliated real estate licensees a reasonable time,
					 not to exceed 1 year, to either wind up the business of the real estate broker
					 or designate a new sole principal associate broker.
(2) The license of the deceased or disabled
					 sole principal associate broker must not be used to enter into new business
					 transactions.
(3) One year after
					 the date of death or disability of a broker's sole associate principal broker,
					 the licenses of all affiliated real estate salespersons and associate real
					 estate brokers who are employed by the broker are automatically suspended,
					 pending a replacement of the sole principal associate broker or change of
					 employer and the issuance of a new license.
(4) If a real estate salesperson or
					 affiliated real estate broker whose license was suspended pursuant to subrule
					 (3) of this rule becomes employed by a different licensed broker, the
					 department shall issue a new license to the real estate salesperson or
					 associate real estate broker without charge if the license is issued during the
					 same term in which the original license was issued.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 3 - LAPSE OF BROKER'S LICENSE AND BROKER'S DEATH OR DISABILITY › Section R. 339.22315 - Prohibition of licensee becoming party to net service provision agreement

Current through Vol. 24-12, July 15, 2024
Rule 315. A licensee shall not become a party to a net
						service provision agreement for an owner, seller, or buyer as a means of
						securing a real estate commission.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 3 - LAPSE OF BROKER'S LICENSE AND BROKER'S DEATH OR DISABILITY › Section R. 339.22333 - Misrepresentation of material facts prohibited; disclosure of material facts

Current through Vol. 24-12, July 15, 2024
Rule 333.
(1) A
					 licensee shall not, directly or indirectly, misrepresent material
					 facts.
(2) A licensee's full
					 disclosure to a buyer or seller of material facts within his or her knowledge
					 about the condition of the real estate offered shall not be grounds for
					 disciplinary action, despite a claim by the buyer or seller that the disclosure
					 constituted disloyalty to the buyer or seller in violation of an agency
					 relationship.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 4 - PRACTICE AND CONDUCT › Section R. 339.22305 - Service provision agreement

Current through Vol. 24-12, July 15, 2024
Rule 305.
(1) In
					 addition to complying with the provisions of the code, a broker or a licensee
					 acting on behalf of the employing broker who enters into a service provision
					 agreement with a party or parties shall provide, at the time of
					 signing
,
a true executed copy of the agreement to the party or
					 parties signing the agreement. Every agreement must be fully completed by the
					 licensee before the party or parties sign it.
(2) A service provision agreement must
					 include a definite expiration date and must not contain a provision requiring
					 the party signing the agreement to notify the broker of the party's intention
					 to cancel the agreement upon or after the expiration date.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 4 - PRACTICE AND CONDUCT › Section R. 339.22307 - Delivery of offer to purchase to buyer; delivery of written offers to seller; delivery of copies of acceptance to buyer and seller; inclusion of terms and conditions in offer to purchase

Current through Vol. 24-12, July 15, 2024
Rule 307.
(1) A
					 licensee shall promptly deliver to the buyer a signed copy of the offer to
					 purchase after it has been signed by the buyer.
(2) A licensee shall make certain that all
					 terms and conditions of the real estate transaction are included in the offer
					 to purchase.
(3) A licensee shall
					 promptly deliver all written offers to purchase to the seller upon receipt.
					 Delivery may be made through any method acceptable to the parties including in
					 person, by mail, or through an electronic communication pursuant to the uniform
					 electronic transactions act, 2000 PA 305, MCL 450.831 to 450.849. The use of
					 electronic records or digital signatures for any real estate transaction
					 requires the prior agreement of the parties.
(4) Upon obtaining a proper acceptance of the
					 offer to purchase, signed by the seller, the licensee shall promptly deliver
					 true executed copies of the acceptance to the purchaser and seller.
(5) A licensee is not subject to disciplinary
					 action for failing to submit to the seller any additional offers to purchase
					 that are received after the seller has accepted an offer and the sales
					 agreement is fully executed, unless a service provision agreement requires that
					 subsequent offers be presented.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 4 - PRACTICE AND CONDUCT › Section R. 339.22313 - Trust or escrow accounts

Current through Vol. 24-12, July 15, 2024
Rule 313.
(1) In
					 addition to complying with the provisions of the code, a trust or escrow
					 account must comply with all of the requirements of this rule.
(2) A trust or escrow account must be
					 maintained in a demand account only. Checks drawn on a trust or escrow account
					 must be signed by a broker or an associate broker. Cosignatories may be used;
					 however, the signature of a broker or associate broker must accompany this
					 signature.
(3) A broker shall
					 deposit all funds received in a fiduciary capacity, including escrow funds and
					 earnest money, in a non-interest-bearing demand trust account. The account must
					 be maintained pursuant to the requirements of section 2512(1)(k) of the code,
					 MCL 339.2512.
(4) A broker shall
					 maintain a record of all funds received. At a minimum, the record must include
					 all of the following information:
(a) The
					 date that the funds were received and the date of deposit.
(b) The name of the party who provided the
					 funds.
(c) The amount of the funds
					 received and deposited and the method of payment.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 4 - PRACTICE AND CONDUCT › Section R. 339.22321 - Licensee commissions for other services; disclosure and consent of buyer and seller required

Current through Vol. 24-12, July 15, 2024
Rule 321.
(1) A
					 licensee who is entitled to receive, either directly or indirectly, a real
					 estate commission as a result of the sale of property, may not also receive a
					 referral fee or other valuable consideration for placing a loan in connection
					 with that transaction unless the licensee obtains the prior written consent of
					 the buyer and seller in that transaction and the fee is not otherwise
					 prohibited by the real estate settlement procedures act of 1974,
					 12 USC
					 2601 to
					 2617, or
					 other applicable law.
(2) A
					 licensee who is entitled to receive, either directly or indirectly, a real
					 estate commission as a result of the sale of property, may not also receive a
					 referral fee or other valuable consideration from an abstract, home warranty,
					 title insurance, or other settlement service provider in connection with that
					 transaction unless the licensee obtains the prior written consent of the party
					 or parties with whom the licensee has an agency relationship and the fee is not
					 otherwise prohibited by the real estate settlement procedures act of 1974,
					 12 USC
					 2601 to
					 2617, or
					 other applicable law.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 1 - PRELICENSURE EDUCATION › Section R. 339.22618 - Application for approval to offer prelicensure courses; forms; required information

Current through Vol. 24-12, July 15, 2024
Rule 618.
(1)
						A real estate school shall submit a prelicensure course approval application on
						the form approved by the department. The application must include, but is not
						limited to, all of the following information:
(a) The school name, business address,
						telephone number, facsimile number, website address, and e-mail address, if
						applicable.
(b) The course
						title.
(c) The names, addresses,
						telephone numbers, and qualifications of instructors.
(d) The name of the program
						coordinator.
(e) A summary of
						topics completed for each prelicensure course to be taught, including the
						number of hours allocated to each topic.
(f) A sample certificate of completion that
						contains all of the following information:
(i) The date of course completion.
(ii) Identification of the course including
						the name of the course as approved by the department.
(iii) The name and approval number of the
						school.
(iv) The name of the
						student.
(v) The number of clock
						hours completed by the student.
(g) Methodology for verifying and monitoring
						attendance and the make-up policy.
(h) An enrollment application to be completed
						by prospective students that contains a statement disclosing the percentage of
						students who successfully completed the program in the past calendar year. The
						enrollment application must be updated no later than February 1 of each
						calendar year.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 1 - PRELICENSURE EDUCATION › Section R. 339.22619 - Expiration date for prelicensure courses; renewal

Current through Vol. 24-12, July 15, 2024
Rule 619.
(1)
						Approval of prelicensure courses issued by the department to a real estate
						school expires 1 year from the date the course was approved.
(2) A proprietary real estate school licensed
						under the proprietary schools act, 1943 PA 148, MCL 395.101 to
						395.103
,
must remain compliant with the act to maintain approval
						as a real estate prelicensure school under this subpart.
(3) To maintain course approval, a
						proprietary real estate school shall submit to the department a renewal
						application on the form approved by the department at least 60 days before the
						expiration date of the course approval.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 1 - PRELICENSURE EDUCATION › Section R. 339.22620 - Program coordinator

Current through Vol. 24-12, July 15, 2024
Rule 620. Each real estate school shall designate at
						  least 1 individual as program coordinator. The program coordinator is
						  responsible for supervising the program of courses and ensuring compliance with
						  the code and these rules.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 1 - PRELICENSURE EDUCATION › Section R. 339.22621 - Instructors

Current through Vol. 24-12, July 15, 2024
Rule 621.
(1)
						The department shall approve each instructor before he or she teaches any real
						estate course. An instructor must possess at least 1 of the following minimum
						qualifications:
(a) Teaches or has taught real
						estate courses at an accredited institution of higher learning.
(b) Is licensed or certified by the
						department or other governmental agency to engage in the real estate aspects of
						appraising, financing, marketing, brokerage management, real property
						management, real estate counseling, real property law, or other related
						subjects.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 1 - PRELICENSURE EDUCATION › Section R. 339.22624 - Student records; content; inspection; certificate of completion; reporting

Current through Vol. 24-12, July 15, 2024
Rule 624.
(1)
						A real estate school shall establish and permanently maintain a record for each
						student.
(2) Student records must
						contain all of the following information:
(a)
						The student's name and address.
(b)
						The number of clock hours attended.
(c) The student's grade, if an examination is
						required to determine successful completion of the course.
(d) The date of course completion.
(e) The last 4 digits of the student's social
						security number.
(f) The student's
						date of birth.
(g) The student's
						real estate license identification number, if applicable.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 1 - PRELICENSURE EDUCATION › Section R. 339.22625 - Denial, suspension, or rescission of approval to offer courses; violation of code or rules

Current through Vol. 24-12, July 15, 2024
Rule 625. A real estate school or instructor may be
						  subject to the penalties of section 602 of the code, MCL 339.602, for any of
						  the following reasons:
(a) Failure to
						comply with the provisions of the code or these rules.
(b) Revealing or attempting to discover, or
						soliciting, encouraging, or inducing a person to reveal, the questions on a
						real estate license examination administered by or on behalf of the
						department.
(c) Making a
						substantial misrepresentation or inducement regarding a real estate school or
						course of study.
(d) Pursuing a
						continued and flagrant course of misrepresentation or the making of false
						promises through agents, salespersons, advertising, or otherwise.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 1 - PRELICENSURE EDUCATION › Section R. 339.22626 - Distance learning

Current through Vol. 24-12, July 15, 2024
Rule 626.
(1)
						Real estate education courses represented as fulfilling the requirements of
						section 2504 of the code, MCL 339.2504
,
and delivered through
						distance learning shall be approved by the department before being offered to
						the public.
(2) A distance learning
						course must contain all of the following:
(a)
						All requirements listed
						R 339.22618 for approval of a
						prelicensure course.
(b) The
						individual modules of instruction offered on a computer or other interactive
						program.
(c) A list of at least 1
						learning objective for each module of instruction. The learning objective must
						ensure that if all the objectives are met, the entire content of the course is
						understood.
(d) A structured
						learning method to enable the student to attain each learning
						objective.
(e) A method of
						assessment of the student's performance during each module of
						instruction.
(f) A remediation for
						any student who is deficient in the assessment to repeat the module until the
						student understands the course content material.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 2 - CONTINUING EDUCATION › Section R. 339.22629 - Continuing education requirements for licensees

Current through Vol. 24-12, July 15, 2024
Rule 629.
(1)
						A licensee shall complete 18 hours of continuing education in each license
						cycle as follows:
(a) A minimum of 2 hours of
						legal education courses involving statutes, rules, and court cases must be
						completed during each year of a license cycle pursuant to section 2504a(2)(a)
						of the code, MCL 339.2504a, for a total of 6 or more hours of legal education
						per license cycle.
(b) The
						remaining 12 hours of continuing education required for renewal may be
						completed at any time during the license cycle.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 2 - CONTINUING EDUCATION › Section R. 339.22630 - Waiver of continuing education

Current through Vol. 24-12, July 15, 2024
Rule 630. A request for a waiver of continuing
						  education pursuant to section 204(2) of the code, MCL 339.204
,
must be received by the department before the expiration date of the
						  license.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 5 - REAL ESTATE EDUCATION › Subpart 2 - CONTINUING EDUCATION › Section R. 339.22632 - Eligible continuing education program

Current through Vol. 24-12, July 15, 2024
Rule 632
(1)
						As used in this rule, "eligible continuing education course" means a course
						that is reviewed and certified by a statewide real estate association that has
						a membership representing more than 18,000 licensees.
(2) An association that reviews continuing
						education courses pursuant to subrule (1) of this rule shall comply with all of
						the following:
(a) Ensure that all continuing
						education courses that are offered to licensees are compliant with section
						2504a of the code, MCL 339.2504a, and involve subjects that are relevant to the
						management, operation and practice of real estate or otherwise contribute to
						the professional competence of the licensee.
(b) Provide a system for monitoring a
						licensee's compliance with section 2504a of the code, MCL 339.2504a.
(c) Maintain a list of approved courses and
						ensure the list is available to licensees.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 6 - REAL ESTATE EDUCATION › Subpart 1 - GENERAL PROVISIONS › Section R. 339.22622 - Syllabus

Current through Vol. 24-12, July 15, 2024
Rule 622. An approved real estate school shall provide
						  students with a syllabus that contains, at a minimum, all of the following
						  information:
(a) The course
						title.
(b) The times and dates of
						the course offering.
(c) The names,
						addresses, and telephone numbers of the course coordinator and
						instructor.
(d) A detailed outline
						of the subject matter to be covered.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 6 - REAL ESTATE EDUCATION › Subpart 1 - GENERAL PROVISIONS › Section R. 339.22623 - Student attendance and makeup policy

Current through Vol. 24-12, July 15, 2024
Rule 623.
(1)
						A student shall attend 100% of a real estate prelicensure course in order to
						obtain credit for the course.
(2)
						Credit for a distance-learning course requires completion of the entire course.
						Completion of the entire course means the number of course hours attended
						equals the number of hours for which the course is approved.
(3) A real estate school shall have a makeup
						policy for students who are absent from or late in arriving at regularly
						scheduled class sessions.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 6 - REAL ESTATE EDUCATION › Subpart 1 - GENERAL PROVISIONS › Section R. 339.22627 - Advertising for approved real estate prelicensure courses

Current through Vol. 24-12, July 15, 2024
Rule 627. All advertising for approved real estate
						  courses that are held out to the public as fulfilling the requirements of
						  section 2504 of the code, MCL
						  339.2504
						  must include the name of the approved school.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Real Estate Brokers and Salespersons › Real Estate Brokers and Salespersons › Part 6 - REAL ESTATE EDUCATION › Subpart 1 - GENERAL PROVISIONS › Section R. 339.22628 - Solicitations

Current through Vol. 24-12, July 15, 2024
Rule 628.
(1)
						Organizational membership, employment, business-related solicitations, or any
						other non-educational presentations are prohibited during prelicensure courses
						and are not counted as part of the clock hours of the course.
(2) Students or licensees shall not receive
						credit for organizational membership, employment, business-related, or any
						other non-educational presentations or solicitations offered in conjunction
						with an approved course.
Michigan Administrative Code › Department - Licensing and Regulatory Affairs › Bureau of Professional Licensing › Board of Residential Builders' and Maintenance And Alterations › Residential Builders and Maintenance and Alteration Contractors › Part 1 - GENERAL › Section R. 338.1519 - Rescission

Current through Vol. 24-12, July 15, 2024
Rule 19. R 451.501 to R 451.538 of the Michigan
						Administrative Code, appearing on pages 4594 to 4597 of the 1979 Michigan
						Administrative Code, are rescinded.