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SEBAR Legal News Update featuring News that's Relevant to YOUR Business!
If you have any questions, comments, or ideas, please email
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MI REALTORS® Call for Action | Support Short-Term Rental Rights
Tell the Michigan Senate to support House Bill 4722!
Now is the time to protect private property rental rights and Michigan’s rich history of short-term vacation rentals. Communities across the state have long recognized vacation rentals as an important tradition that provides a positive impact upon the local economy. Our vacation rental tradition promotes Michigan as a great destination.
Michigan Realtors® support clarifying and defining the right of a property owner to rent residential property on a short-term basis. Realtors® oppose zoning bans that preemptively tell property owners they are unable to rent residential property on a short-term basis. HB 4722 provides for reasonable regulation of rental activity outside of zoning, supports local government control, and protects the rights of all property owners.
The rental of residential property is important to Michigan second home markets and in urban areas around event destinations that see guests supporting local business. The ability to rent is a fundamental component of ownership.
Michigan Realtors® need to contact the Michigan Senate TODAY. Tell your State Senator to vote for HB 4722. Michigan needs to define short-term private property rental rights in support of ownership while continuing to allow for reasonable regulation of the activity outside of zoning. Michigan Realtors® has provided a form with a pre-written message urging your State Senator to VOTE YES on HB 4722.
Source: Michigan REALTORS® (MR)
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First-time Homebuyer Savings Account
Bills Clear House Committee
On Wednesday, October 13th, the Michigan House Tax Policy Committee passed out Senate Bills 145 and 146, sponsored by Senator Ken Horn (R- Frankenmuth) and Senator Jim Runestad (R- White Lake). The bills would establish a tax incentivized savings account program for the purchase of first-time homes in Michigan. The accounts could be opened by an individual in their name, or in the name of a beneficiary. The bills now head to the floor for a vote by the full House of Representative.
Two additional bills, House Bills 4289 and 4290, Sponsored by Representative John Damoose (R- Harbor Springs) and Representative Mari Manoogian (D- Birmingham), await a vote in the Senate Finance committee. Floor votes in the House and Senate are the last step before heading to the Governor’s desk.
Source: Michigan REALTORS® (MR)
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LARA will be waiving late fees for a short period of time. They have not given a date, generally they wait until late renewals really taper off. That may or may not be for the full 60-day grace period.
The grace period is for LATE FEES ONLY. If you have not renewed, your license is NOT VALID,
it has EXPIRED. There is nothing LARA can do to “extend” licenses. The law is the law.
Source: Michigan REALTORS® (MR)
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NAR Legal Guidance: Flood Insurance
Flooding is the most common and costly natural disaster in the U.S., and it can impact your business as a real estate professional. Flooding is considered a material fact to a real estate transaction, and failure to disclosure flood damage can result in liability.
Source: National Association of REALTORS® (NAR)
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Source: Michigan REALTORS® (MR)
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NAR - Window to the Law
Criminal Background Checks
& Fair Housing
Source: National Association of REALTORS® (NAR)
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Legal Lines - Question(s) of the Month
QUESTION: I listed a home for $300,000. My sellers have received a full price offer and want to counter it at $310,000. Can they do this?
ANSWER: YES. Even if a full price offer is presented to the sellers, they are not obligated to sell it at that price and can counter at a price that is higher than the listing price.
QUESTION: As the listing broker, am I entitled to a commission in the event of a full price offer even if the seller does not accept that offer?
ANSWER: Under most listing contracts, theoretically, yes. But an offer with terms – even the most common terms – may not be considered a “full price offer.” A seller could argue, for example, that a purchase offer that requires the seller to provide thirty days’ occupancy is not a “full price offer” under the listing agreement.
QUESTION: My buyer put in a full price offer that was not accepted by the seller. I clearly produced a ready, willing and able buyer. Can I collect a commission from the seller and/or the listing broker?
ANSWER: NO. You do not have a contract with the seller. Under MLS rules, you only have an enforceable contract with the listing broker if your client’s offer is accepted and that transaction closes.
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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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 "Smitty" 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
Evan Calendine, Wayne Pavlika
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
Kristina Frank
Today Magazines
Gina Guarisco
Trenton Trib
Beth Imes
Turn Key Title Agency LLC
Samuel Cummings
Union Home Mortgage
Kristian Bezeau, Jacob Boes, David Gano,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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