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SEBAR Legal News Update featuring News that's Relevant to YOUR Business!
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SEPTEMBER IS REALTOR®
SAFETY MONTH!
REALTOR® Safety Resources Available
The National Association of REALTORS® recently hosted a Realtor® Safety webinar to address mental health awareness. Michigan Realtors® President, E’toile Libbett took part in this open discussion about mental health wellness. This webinar and other Realtor® safety resources can be found here.
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U.S. Supreme Court ends the CDC Eviction Moratorium with 6-3 Ruling,
What it Means for Michigan.
On Thursday, August 26th, the U.S. Supreme Court issued a strongly worded order, invalidating the Centers for Disease Control and Prevention (CDC’s) eviction moratorium.
In their order, the justices wrote, “The moratorium has put the applicants, along with millions of landlords across the country, at risk of irreparable harm by depriving them of rent payments with no guarantee of eventual recovery. Despite the CDC’s determination that landlords should bear a significant financial cost of the pandemic, many landlords have modest means.”
The case was brought by the Georgia and Alabama Associations of Realtors® and other property providers, with assistance from the National Association of Realtors®. While this ruling is a key victory for housing providers, it will be important for Michigan landlords to stay attuned to any emerging eviction moratoriums in their respective local jurisdiction.
As a response to the ongoing CDC eviction moratorium, Michigan Realtors® successfully advocated for swift implementation of Michigan’s COVID Emergency Rental Assistance program (CERA), along with expedited distribution of the relief funds. While many states have dealt with frustrating administrative delays with their respective relief programs, Michigan’s CERA program has been up and running for several months. Michigan Landlords who are facing difficulty in collecting rent can still apply for CERA funds. The program is active, and applications are available online through MSHDA. Click here to access the application.
Who is eligible? Both landlords and tenants can apply for rental assistance funds. The funds can be applied to renter households that have incomes less than 80% of the Area Median Income (AMI) who meet the following conditions:
- Individual(s) in the household has qualified for unemployment benefits or has experienced a reduction in household income, incurred significant costs, or has experienced other financial hardship due directly or indirectly to the coronavirus outbreak; and
- Individual(s) in the household can demonstrate a risk of experiencing homelessness or housing instability evidenced by a past due utility or rent notice.
Learn more about the CERA program here.
Source: Michigan REALTORS® (MR)
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REALTORS® Relief Foundation
Activated for Southeast Michigan
During the weekend of June 25th and 26th, the Metro Detroit area was hit by substantial rainfall that resulted in widespread flooding, stranded motorists, damaged homes, and displaced residents.
In response to these hardships, the REALTORS® Relief Foundation has $100,000 available for individuals and families directly affected by the June 25-26 flooding. Applicants will need to verify that they reside within the State of Emergency Zone as declared by Governor Whitmer. Financial assistance will be provided to cover one month’s rent or mortgage payment for qualified applicants in an amount of $1,000 per household until the available funds have been fully allocated. This opportunity is open to Realtor® members, as well as the public.
Each applicant will need to provide:
- Photo Identification that proves your place of residence.
- Copy of Mortgage Statement or Renters Statement.
One of the following will be required to show proof of damage:
- Photos of Damage.
- Insurance Estimates.
- Copies of Written Claims, Settlement Proceeds or Claim Status Reports.
- Copies of Repair Estimates from Contractors.
To apply for relief funds, please contact any of the following Realtor® Associations:
2021 Michigan Realtors® President, E’toile Libbett, expressed sympathy for those who now face enormous challenges brought on by the flooding. “Those who reside in these communities have had their lives dramatically changed by this crisis. We wanted to do our part to alleviate some of the housing insecurity brought on by the flooding. We are proud to be able to show our support and provide some financial assistance during this difficult time.”
To donate please click HERE
Source: Michigan REALTORS® (MR)
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Legal Action Victory for Realtors®
in Independent Contractor Ruling
Last year, a case was brought by an associate broker against his former brokerage firm alleging that he had been wrongfully terminated. The trial court dismissed the case on the basis that the Plaintiff was an independent contractor and not an employee of the brokerage.
On appeal, the Plaintiff argued that, despite an executed independent contractor agreement, he should be classified as an “employee”. He also argued that the statutory definition of “independent contractor” in the real estate context merely sets forth prerequisites that, once met, allow for the application of the "control test" to determine employment status. The Michigan Realtors® Legal Action Committee authorized an amicus brief in support of the Defendant Brokerage, arguing for the clear statutory definition of “Independent Contractor” in Article 25 of the Michigan Occupational Code.
Today, the Michigan Court of Appeals published its Opinion in this matter. The Court sided with the brokerage and agreed with our supporting arguments, holding that, under the Michigan Occupational Code, the Plaintiff was clearly an independent contractor, having met the statutory definition of “Independent Contractor Relationship.”
This ruling is a substantial victory for Realtors® as it supports the long-held understanding that real estate licensees who sign an independent contractor agreement and receive 75% of their compensation in the form of a commission, are considered independent contractors for tax and other employment purposes
Source: Michigan REALTORS® (MR)
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Michigan Realtors® Veteran Resources
Visit the Michigan Realtors® Veteran Resources page, which provides a one-stop location for members to connect their Veteran client with Veteran specific programs and services that may be of assistance in the homebuying process.
Source: Michigan REALTORS® (MR)
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Confusion Surrounding LARA License Renewal Communication
Last week you may have received two communications from the Department of Licensing and Regulatory Affairs (LARA). These communications were intended to notify salespersons and associate brokers of the upcoming renewal period and to familiarize recipients with various online processes within the new MiPlus system. Unfortunately, Michigan Realtors® was not made aware of this communication until after it was sent out.
Based on the volume of calls and emails, the communications have generated a significant amount of concern from brokers and salespersons alike. One of the main concerns is that salespersons are reading it to say their respective brokerage is in some way behind or not sufficiently engaged in the renewal process. If you received one of these communications, it is important to note that the renewal process is just now beginning, all active brokers have until 10/31/2021 to renew their licenses. We are currently engaged with LARA regarding this communication and will work to prevent this kind of confusion going forward.
Michigan Professional Licensing User System MiPLUS
Everybody will be required to generate an account with MiPLUS in order to renew their licenses this year.
To avoid a huge surge in September/October,
LARA is recommending that all members register NOW!
The MiPlus website may be accessed online at www.michigan.gov/miplus - scroll down the page to select Real Estate; select MiPlus Login at the top of the page; click Register for an Account in the upper right corner. If you need assistance, call 517.241.9288.
Source: Michigan REALTORS® (MR)
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NAR - Window to the Law
Best Practices for Buyer Love Letters
Buyers competing in a hot real estate market might try to stand out from the crowd by sending a "love letter" to the seller. Real estate professionals can use these best practices to help both buyers and sellers avoid potential fair housing violations that love letters can trigger.
Source: National Association of REALTORS® (NAR)
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Legal Lines - Question(s) of the Month
QUESTION: My buyer agreed to cover any difference between the appraised value and the sale price up to a maximum of $10,000. The appraisal came in at $15,000 below the sale price. Is the seller required to reduce the price by $5,000?
ANSWER: No, not unless your purchase contract expressly provided for such a price reduction. Ordinarily, under these circumstances, the buyer could choose to either cover the additional $5,000 or terminate the purchase agreement. The buyer could not require the seller to sell at the lower price.
DID YOU KNOW? Your Michigan Realtors® membership gives you direct, no-fee access to an attorney who is experienced in real estate law and its related issues. Get the counsel and guidance you need to practice your profession wisely. Call 800.522.2820.
Source: Michigan REALTORS® (MR)
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2021 MR CONVENTION
September 28-30, 2021
Grand Traverse Resort & Spa, Acme MI
Are you registered for The Convention?
Registration rates increase on September 8, 2021. The Convention provides opportunities to attend CE Marketplace certified knowledge sessions from top industry speakers, networking events and the Expo. Register before September 8th and save.
Source: Michigan REALTORS® (MR)
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National Association of REALTORS® (NAR)
Code of Ethics Training Requirement
Current Cycle: Jan 1, 2019 through Dec 31, 2021
NAR's Board of Directors recently approved a change to the Code of Ethics training requirement, extending it from every two years to every three ears. This extends the current cycle deadline from Dec. 31, 2020, to Dec. 31, 2021.
REALTORS® are required to complete ethics training of not less than 2 hours, 30 minutes of instructional time. The training must meet specific learning objectives and criteria established by the National Association of REALTORS®.
Failure to complete the required periodic ethics training shall be considered a violation of a membership duty which will result in suspension of membership for not less than thirty (30) days. On March 1, 2022, the membership of a member who is still suspended as of that date will be automatically terminated.
As a friendly REMINDER,
The deadline is December 31, 2021 to fulfill this requirement.
The course is available on NAR’s website (www.nar.realtor) for no charge. Go to their website and look for Code of Ethics training.
If you have questions on whether you have fulfilled the Code of Ethics requirement, please feel free to email DBirkner@SEBrealtors.com
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Thank you to our 2021 SEBAR Affiliate Partners ...
Diamond Partners
Michigan Title Insurance Agency, Inc.
Rick Smith, Adam Drobet, Julie Wery
Pillar to Post
Steven Peterson
Ruby Partners
First American Title Company
Frank Lucarelli, Angie McNeely
First Merchants Bank
Aaron Mason, Howard Roberts, Susan Roppel
Simple Mortgage
Dawn McCarty
Gold Partners
Accuspect Home Inspection Company
Dale Raines
Capital Mortgage Funding
Peter Zuk, Becky Alley
First National Home Mortgage
Mary Katsiroubas
Hondros College
Kevin Pasch
InsideOut Inspections Plus
Lori Pavlika, Nikki Mayes
Silver Partners
2-10 Home Buyers Warranty
Mark Light
America's Preferred Home Warranty
Tyler James
Downriver Profile
Robbin Moyer
Farm Bureau Insurance® - Robert J. Roll Agency
Robert Roll
Greenstone Farm Credit Services
Brian Young
Hassett Title Company
Jennifer Fountain, Dan Hassett, Doug Hassett, William Hassett
Land Home Financial Services
Bob Schivelbein, Edward Tilk
Lawyers Title of Monroe
Goran Cepo, Ann Hammack, Kendan Myers
Mortgage 1
Walter Tyslicki, Gary Swinney
Nations Lending
Tom Ciotti
Seagate Inspections Inc.
Jim Johnson
State Bank
John Ansara
TLC Community Credit Union
Sean Armstrong, Kristina Frank, Alycia Nichols
Today Magazines
Gina Guarisco
Trenton Trib
Beth Imes
Turn Key Title Agency LLC
Samuel Cummings
Union Home Mortgage
Kristian Bezeau, Jacob Boes, David Gano, Shannon Henegar Tom Ziegler
University Lending
Dan Voran, Michael Van Dusen, Donna Ferguson
We are grateful for your continued support of SEBAR!
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Southeastern Border Association of REALTORS®
Shannon Harner, RCE, AHWD, e-PRO, CEO/Association Executive
Donna Birkner, e-PRO, Downriver Office Manager
Lisa Horvath, e-PRO, MLS Specialist
Jessica Lapp, e-PRO, Membership & Administrative Manager
Monroe Office
125 Cole Road
Monroe, MI 48162
734-242-6866
Downriver Office
Horizon Business Center West
20600 Eureka Road, Suite 510
Taylor, MI 48180
734-287-8060
Regular business hours for both SEBAR Offices are Monday through Friday (except holidays), from 8:30 AM to 4:30 PM.
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