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SEBAR Legal News Update featuring News that's Relevant to YOUR Business!


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Biden's Actions on Fair Housing

President Biden recently issued several actions related to ending discrimination and promoting fair housing and equal opportunity for all Americans. Included in these was the January 20,2021, Executive Order on Preventing and Combating Discrimination on the Basis of Gender Identity or Sexual Orientation and the January 26, 2021, Memorandum on Redressing Our Nation's and the Federal Government's History of Discriminatory Housing Practices and Policies.

You may click HERE for more information.
Source: National Association of REALTORS® (NAR)
A Clear Victory for Cooperation

A federal district judge recently granted motions by the National Association of REALTORS® and three MLSs to dismiss an antitrust case brought by PLS.com LLC, a private listing network based in California.

Source: National Association of REALTORS® (NAR)
MDHHS Extends Face Covering Requirements and Gathering Restrictions until February 21st.
 
The Michigan Department of Health and Human Services, in coordination with Governor Whitmer, extended the vast majority of the “Gatherings and Face Covering” order to run through February 21st. The latest order can be viewed here.
 
Michigan Realtors® continues to communicate with the Governor’s Office and Health Policy Team to stress that real estate activity continues to be done in a safe and client-focused manner. As the new order relates to real estate, it continues to allow for in-person client services and scheduled showings. However, the two-household limitation on residential gatherings remains unchanged under the extended order. Residential showings, walk-throughs, inspections and other events that occur within a home are governed by the residential “two-household” rule. 
 
What this two-household limitation means for Realtors® is that traditional open houses are not permissible. Showings are still permitted; however, for private showings, no one other than the selling agent and the buyers can attend. Sellers cannot be present. The buyers cannot bring persons from outside their household to the showing. And remember that everyone at the showing must wear a face covering.
 
We have heard from many Realtors® regarding the possibility of a nontraditional “staggered “open house whereby the listing agent opens the house and allows prospective buyers to come through the home one household at a time. Under this scenario, the listing agent would clearly inform attendees of the parameters for seeing the property in advance, requiring some form of notification to the listing agent that the prospective buyer has arrived (via text message or some other form of communication), and the prospective buyer would wait in their vehicle until it is their turn to tour the home. This way, the listing agent is able to ensure that only two households (the listing agent and one prospective buyer household) are in the residence at a given time. The arrangement would be acceptable under the two-household limitation that the order imposes. Of course, it must also be an arrangement that the Seller is comfortable with.    
 
Under the new order, gatherings at a non-residence are prohibited except for those types of gatherings that are specifically listed in the new order. Permitted gatherings include workplace gatherings so long as those gatherings comply with the MIOSHA rules that came out in mid-October. Permitted gatherings also include gatherings between an employee and a customer for purposes of providing service. We would interpret “employee” in the broader sense to include independent contractors.
           
The rules for commercial showings, office meetings with clients and potential clients and closings have not changed and are governed by the existing MIOSHA order.
 
Practices for Sellers Permitting Showings.
 
  • Sellers may not be present during showings.
  • Prior to any scheduled showing, Sellers should turn on all lights and leave interior doors, drapes and blinds open. This will ensure that anyone entering the home will not need to touch light switches/doorknobs.
  • Prior to and after any showing, Sellers should clean and disinfect all frequently touched surfaces, such as doorknobs, handles, light switches and countertops.
  
Practices for Buyers During Showings
 
  • Buyers and agents must wear masks.
  • Buyers cannot bring anyone to the showing who is not in their household
  • Buyers attending showings should meet their agents at the property and wait in their car for the agent to arrive.
  • Buyers should not touch any surfaces in the property. Buyers should not turn off lights or close interior doors. An agent and their buyer clients should not share phones, pens, tablets etc.
  • Buyers are encouraged to wear gloves while viewing a home. Buyers should use hand sanitizer immediately prior to entering the home and upon exiting prior to getting into their car.
  • Buyers are encouraged minimize the time physically present at a home.
 
Lastly, many local health departments have issued their own rules, and Realtors® are strongly encouraged to check in their area for additional requirements. 
 
 Source: Michigan REALTORS® (MR)

$25B in Rental Assistance Is on the Way:
Who Will Qualify?

As part of a recent COVID-19 stimulus package, $25 billion in federal assistance funds are expected to be disbursed to states.

Source: National Association of REALTORS® (NAR)
Legal Lines - Question of the Month
 
QUESTION: My clients are putting in an offer on a condominium unit and would like to review the project’s financial information as a part of their due diligence. Is the condominium association required to provide this information to a potential purchaser?
 
ANSWER: NO, but the association is required to provide this information to the seller. You should include a provision in the purchase agreement whereby the seller agrees to obtain this financial information for your buyers’ review and approval.
 
For more legal resources, visit law.mirealtors.com

Source: Michigan REALTORS® (MR)
Window to the Law:
Making Your Workplace COVID-Safe

As businesses re-open workplaces to workers, clients and the public, having a comprehensive re-entry plan in place will help ensure the health and safety of those in your office, and also protect your business from potential liability related to COVID-19 exposure in the workplace.


Source: National Association of REALTORS® (NAR)
Code of Ethics and Standards of Practice of the National Association of REALTORS®
Effective January 1, 2021

You may click HERE to print and/or download a copy

Note: On November 13, 2020, NAR's Board of Directors added Standard of Practice 10-5 to the Code of Ethics, and adopted Professional Standard #29, both of which are effective immediately. For details on all the changes adopted, visit

Source: National Association of REALTORS® (NAR)
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
Nicole Dandron, Nicholas Dunford, 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
Chris Cosby, 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!

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 County 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

Both Offices are Open Monday - Friday / 8:30 am to 4:30 pm
by appointment only at this time