Michigan Real Estate Continuing Education (con ed)

SAVE 10% -- HURRY Con Ed Deadline is Dec 31!!

Sat, 27 Dec 2014 07:58:00 -0800

SAVE 10% on all real estate con ed courses! Michigan Con Ed Deadline is December 31! Only a Few Days Left! www.1StopConEd.com The Smartest, Most Convenient and Efficient Way To Complete Your Courses! 1 Stop ConEd is all you need! Do you still need your real estate continuing education? You've come to the right place! Our home-study courses are a fast and efficient way to complete your con ed hours -- do the courses from your home or office, on your schedule with no travel. Because you need 18 hours by October 31, 2015, we recommend that you complete 6 hours each year. SAVE NOW! Use discount code MCYCLE for a 10% savings on your next order! ** Hurry offer expires 12/31/14 ** Follow These Simple Steps!Go to www.1StopConEd.com Select and purchase a course Download a pdf of that course Read the material and take an easy 10 question multiple choice quiz Send us your quiz by email, fax or mail We'll email you a certificate and report your completion to LARA Your Michigan Real Estate Con Ed (including legal update) Can Be This Simple! 1 Stop ConEd LLC is an approved sponsor of Michigan real estate continuing education by the Michigan Department of Licensing and Regulatory Affairs (LARA). Sponsor Number 475.

SAVE 10% -- Don't Forget Your Real Estate Con Ed!

Fri, 05 Dec 2014 03:43:03 -0800

SAVE 10% on all real estate con ed courses! Don't Forget Your Real Estate Con Ed! www.1StopConEd.com The Smartest, Most Convenient and Efficient Way To Complete Your Courses! 1 Stop ConEd is all you need! Do you still need your real estate continuing education? You've come to the right place! Our home-study courses are a fast and efficient way to complete your con ed hours -- do the courses from your home or office, on your schedule with no travel. Because you need 18 hours by October 31, 2015, we recommend that you complete 6 hours each year. SAVE NOW! Use discount code MCYCLE for a 10% savings on your next order! ** Hurry offer expires 12/31/14 ** Follow These Simple Steps!Go to www.1StopConEd.com Select and purchase a course Download a pdf of that course Read the material and take an easy 10 question multiple choice quiz Send us your quiz by email, fax or mail We'll email you a certificate and report your completion to LARA Your Michigan Real Estate Con Ed (including legal update) Can Be This Simple! 1 Stop ConEd LLC is an approved sponsor of Michigan real estate continuing education by the Michigan Department of Licensing and Regulatory Affairs (LARA).

Did You Miss the License Renewal Deadline?

Fri, 02 Nov 2012 06:49:09 -0700

All Michigan real estate agents and brokers were required to have completed their required continuing education credits (18 hours over 3 years, including at least 6 legal hours) and to pay their license renewal fees to LARA by October 31st. Did you miss that deadline? If you still need continuing education, now is the time to do it, and we can help! Online real estate con ed is the quickest and most effective way to complete your required credit hours. You can take the courses wherever and whenever you want -- all you need is the Internet! Plus, 123 ConEd LLC courses provide the highest quality real estate content. You can't go wrong with 123 ConEd LLC! Check us out at www.123ConEd.com or email us at info@123ConEd.com. All courses are fully approved by the State of Michigan and satisfy con ed requirements! Mix-and-match courses and topics that interest you! Choose between "law" or "elective" courses! Take courses wherever and whenever you want! Work at your own pace; start when you want, stop when you want, finish when you want! We report your course completions for you! www.123ConEd.com Act now and SAVE 15%. Just use the discount code AR15 at checkout to enjoy the savings!

New Fair Housing PROTECTED CLASSES Proposed

Wed, 16 Nov 2011 07:55:42 -0800

On September 22, 2011, Senator John Kerry introduced new legislation that aims to outlaw discrimination against lesbian, gay, bisexual, and transgendered (LGBT) Americans in the housing and credit markets, which is something that is absent (and needed) from the current version of the federal Fair Housing Act. The proposed Act is called the “Housing Opportunities Made Equal (HOME) Act,” and it would amend the Fair Housing Act to prohibit housing discrimination on the basis of sexual orientation, gender identity, marital status, or source of income. It would also amend the Equal Opportunity Credit Act to prohibit lesbian, gay, bisexual, and transgendered discrimination in credit decisions. Thus, the HOME Act would, in effect, create new protected classes under federal law to protect sexual orientation, gender identity, marital status, and source of income. Senator Kerry issued a press release that summarizes the main points of the HOME Act, which include: Amend the Fair Housing Act to prohibit housing discrimination and intimidation on the basis of sexual orientation, gender identity, marital status, or source of income. Amend the Equal Credit Opportunity Act to prohibit discrimination on the basis of sexual orientation or gender identity in access to credit. Outlaw housing discrimination both before and after a housing unit is acquired. Strengthen anti-discrimination protections for handicapped individuals and LGBT parents with custody of a child. Provide the Attorney General with appropriate pre-litigation investigative power to enforce the law. On September 22, 2011, the bill was referred to the referred to the Committee on the Judiciary, and on October 21, 2011, the bill was referred to the Subcommittee on Financial Institutions and Consumer Credit for further evaluation and comment. I’m no expert on politics, but I suspect that this bill faces a poor chance of passing and becoming law at this time given the current makeup of Congress. I hope that I’m wrong because discrimination in any form is wrong and should be illegal. SOURCE: Senate Bill S.1605 and House Bill H.R.3030; Senator John Kerry's press release (portion used with permission) For those of you who might be interested, the following is the text of the proposed legislation. ---------------------- SECTION 1. SHORT TITLE. This Act may be cited as the “Housing Opportunities Made Equal Act of 2011” or the “HOME Act of 2011.” SEC. 2. AMENDING THE FAIR HOUSING ACT TO PROHIBIT CERTAIN DISCRIMINATION. (a) In General- (1) Section 804 of the Fair Housing Act (42 U.S.C. 3604) is amended— (A) by inserting “actual or perceived” before “race, color” each place that term appears; and (B) by inserting “sexual orientation, gender identity, marital status, source of income,” after “sex,” each place that term appears. (2) Section 805 of the Fair Housing Act (42 U.S.C. 3605) is amended-- (A) by inserting “actual or perceived” before “race, color” each place that term appears; and (B) by inserting “sexual orientation, gender identity, marital status, source of income,” after “sex,” each place that term appears. (3) Section 806 of the Fair Housing Act (42 U.S.C. 3606) is amended-- (A) by inserting “actual or perceived” before “race, color”; and (B) by inserting “sexual orientation, gender identity, marital status, source of income,” after “sex,” (b) Prevention of Intimidation- Section 901 of the Civil Rights Act of 1968 (42 U.S.C. 3631) is amended-- (1) by inserting “actual or perceived” before “race, color” each place that term appears; and (2) by inserting “sexual orientation (as defined in section 802), gender identity (as so defined), marital status (as so defined), source of income (as so defined)” after “sex,” each place that term appears. (c) Definitions- Section 802 of the Fair Housing Act (42 U.S.C. 3602) is amended by adding at the end the following: “(p) ‘Gender identity’ means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth. ‘(q) ‘Marital status’ has the same meaning given that term for purposes of the Equal Credit Opportunity Act. ‘(r) ‘Sexual orientation’ means homosexuality, heterosexuality, or bisexuality. ‘(s) ‘Source of income’ means the receipt of Federal, State, or local public assistance including medical assistance, or the receipt by a tenant or applicant of Federal, State, or local housing subsidies, including rental assistance under section 8 of the United States Housing Act of 1937 (42 U.S.C. 1437f) or other rental assistance or rental supplements.” SEC. 3. AMENDING THE FAIR HOUSING ACT TO EXTEND THE DEFINITION OF DISCRIMINATORY HOUSING PRACTICE. Section 802(f) of the Fair Housing Act (42 U.S.C. 3602(f)) is amended to read as follows: “(f) “Discriminatory housing practice” means an act that is unlawful under section 804, 805, 806, or 818 of this title, whether occurring pre- or post-acquisition, and also includes a failure to comply with section 808(e)(5) of this title or a regulation issued to carry out section 808(e)(5). SEC. 4. AMENDING THE FAIR HOUSING ACT DEFINITION OF “FAMILIAL STATUS.” Section 802(k) of the Fair Housing Act (42 U.S.C. 3602(k)) is amended to read as follows: “(k) “Familial status” means one or more individuals (who have not attained the age of 18 years) residing with-- “(1) a parent, foster parent, or another person having legal or lawful physical custody of such individual or individuals; or “(2) anyone standing in loco parentis of such individual or individuals. The protections afforded against discrimination on the basis of familial status apply to any person who is pregnant or in the process of securing legal custody of an individual who has not attained the age of 18 years.” SEC. 5. AMENDING THE FAIR HOUSING ACT AND THE EQUAL CREDIT OPPORTUNITY ACT TO PROVIDE THE DEPARTMENT OF JUSTICE WITH PRE-LITIGATION SUBPOENA POWER. (a) Equal Credit Opportunity Act- Section 706(h) of the Equal Credit Opportunity Act (15 U.S.C. 1691e(h)) is amended-- (1) by striking “When a” and inserting the following: “(1) IN GENERAL- When a”; and (2) by adding at the end the following: “(2) Pre-litigation Subpoena Power- If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil action under paragraph (1), issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 of title 31, United States Code, except that the provisions of that section relating to qui tam relators shall not apply.” (b) Fair Housing Act- Section 814(c) of the Fair Housing Act (42 U.S.C. 3614(c)) is amended-- (1) by striking “The Attorney General” and inserting the following: “(1) IN GENERAL- The Attorney General”; and (2) by adding at the end the following: “(2) CIVIL INVESTIGATIVE DEMANDS- If the Attorney General has reason to believe that any person may be in possession, custody, or control of any documentary material or information relevant to an investigation under this title, the Attorney General may, before commencing a civil proceeding under this subsection, issue in writing and cause to be served upon the person, a civil investigative demand. The authority to issue and enforce civil investigative demands under this paragraph shall be identical to the authority of the Attorney General under section 3733 of title 31, United States Code, except that the provisions of that section relating to qui tam relators shall not apply.” SEC. 6. FREEDOM FROM DISCRIMINATION IN CREDIT. (a) Prohibition Against Discrimination on Account of Sexual Orientation or Gender Identity- Section 701(a)(1) of the Equal Credit Opportunity Act (15 U.S.C. 1691(a)(1)) is amended-- (1) by inserting “actual or perceived” before “race, color”; and (2) by striking “sex or” and inserting “sex, sexual orientation, gender identity,” (b) Definitions- Section 702 of the Equal Credit Opportunity Act (15 U.S.C. 1691a) is amended— (1) by redesignating subsections (f) and (g) as subsections (g) and (i), respectively; (2) by inserting after subsection (e) the following: “(f) The term “gender identity” means the gender-related identity, appearance, or mannerisms or other gender-related characteristics of an individual, with or without regard to the individual’s designated sex at birth.”; and (3) by inserting after subsection (g), as so redesignated, the following: “(h) The term “sexual orientation” means homosexuality, heterosexuality, or bisexuality.” SEC. 7. AMENDING THE FAIR HOUSING ACT SO THAT DISCRIMINATION IN REAL ESTATE-RELATED TRANSACTIONS INCLUDES THE FAILURE TO MAKE REASONABLE ACCOMMODATIONS FOR PEOPLE WITH DISABILITIES. Section 805(a) of the Fair Housing Act (42 U.S.C. 3605(a)) is amended by adding at the end the following: “For the purposes of this section, discrimination against a person because of handicap includes the failure, in connection with a real estate-related transaction, to make reasonable accommodations for such person.” SEC. 8. AMENDING THE FAIR HOUSING ACT TO CHANGE CERTAIN LIMITATIONS ON FILING COMPLAINTS AND COMMENCING CIVIL ACTIONS. (a) Section 810- Section 810(a)(1)(A)(i) of the Fair Housing Act (42 U.S.C. 3610(a)(1)(A)(i)) is amended by inserting after the first sentence the following: “The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section.” (b) Section 813- Section 813(a)(1)(A) of the Fair Housing Act (42 U.S.C. 3613(a)(1)(A)) is amended by adding at the end the following: “The failure to design and construct a dwelling as required by section 804(f)(3)(C) shall be deemed to continue until such time as the dwelling conforms to the requirements of that section.” ******************************************** To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Energy, Labor & Economic Growth. Copyright © 123 ConEd LLC 2011. All rights reserved.

Newlyweds say “I DO” to FHA Bridal Registry Gift Funds

Wed, 29 Jun 2011 05:34:13 -0700

This is a good postings about a little-known FHA program that aids home buyers with down payments. I had never heard of the program until I read Rebekah's posting. Are you planning to get married and buy a home in Colorado, but wonder where your down payment funds will come from? FHA has a Bridal Registry program where the money you receive as a wedding present can be used towards your down payment. Just like registering at a specialty or department store, the FHA Bridal Registry program allows you to register with a lender. Then your friends and family are able to make gift payments into an interest bearing account on your behalf. It's a win win! Not only can your gifts earn interest, but they can be used as a down payment towards an FHA Loan. Bridal Registry Guidelines Bridal Registry Accounts were originally introduced in 1996, but still remain a little known fact when it comes to down payment assistance. The misunderstanding of how this program works might be the fact that it was originally only allowed by banks. Soon after, FHA modified the program and offered new flexible options and the opportunity for the newlywed to set up the account at any bank. Plus, newlyweds are now able to make deposits on their own from the gifts they receive. Here's how it works in 3 simple steps: You will open a savings account at your bank prior to the wedding Friends and family will be given the banking information where the gifts will be deposited All of the gift funds can go towards the FHA required 3.5% down payment Anyone with an interest in the purchase cannot be party to the gift funds (i.e. realtor) There is no requirement that you be married prior to closing on your new home Another huge advantage is that there are no gift letters or other documentation required other than proof of your savings account named "bridal registry account." It's that simple! AGENTS: Marketing Ideas to Spread the Word in Your State Explain it on your website Blog about it Let your “to-be-married couples” know about it Send an email to past clients Attend wedding fairs & distribute brochures Mention it at your homebuyer seminars The great news about this program is it is available Nationwide! To learn more: Check out our FREE Top 20 Homebuyer Secrets that can save you thousands of dollars! Plus browse our Home Buying Resources section and fill-out a free no-obligation secure online application or call us in Colorado Springs, Colorado at 719.387.1368 with any questions. Bad credit or No credit? Check out our Credit Repair Program and get started on the path to homeownership today! Overcome loan application stage fright by reading my Simple Steps to a Complete FHA Loan Application Newlyweds say "I DO" to FHA Bridal Registry Gift Funds was written by Rebekah Radice. Rebekah's Mortgage Grapevine (unashamed plug) provides insight, education and musings on anything from mortgage lending and real estate, to social media, marketing and all things relevant to your everday success! If you want to learn lots of cool things, have your thoughts provoked, AND be entertained, be sure to hit the SUBSCRIBE button to the right! Want to know more about me? Just Google Me! Rebekah Radice | Mortgage Loan Originator T: 719.387.1368 | Email: rebekah@rebekahradice.com | Website: http://rebekahradice.com |CO & NMLS Licensee: LMB100010938 & 288596 | Benchmark Mortgage dba Ark-La-Tek Financial Services, LLC | 12 E. Kiowa |Colorado Springs, CO 80903 FREE Marketing, Sales & Success Strategies for Colorado Real Estate Agents: Find Me Online! Recent Articles from Rebekah's Blog 6 Ways to Drive Traffic to Your Website or Blog How to Use LinkedIn to Generate Real Estate Business What Happened to My Loan Approval Top 5 Reasons You Should Blog on Active Rain

Short Sale Questions -- Advice Needed

Mon, 14 Mar 2011 12:39:59 -0700

I’m hoping that the collective wisdom of all of the experienced people here can help me. I'm a licensed broker in Michigan, but I don't know much (almost nothing) about short sales. My wife and I are strongly thinking about buying a bigger house in our same neighborhood (located in Farmington Hills, Michigan). We looked at four houses, including one that is a short sale. We really like the short sale house. There is already one offer on the short sale house, but the selling agent said that the bank is still entertaining offers. I very little about short sales, so I have several questions. Can anyone help? Do banks in short sale situations look more favorably on a 100% cash offer as opposed to financing? I’m wondering whether my offer would be looked at more favorably if my offer was all cash. I'd like to make my offer look more favorable than the other offer. Do I need to put an earnest money deposit down with my offer or can I say that I’ll put my earnest money down upon acceptance? If so, would it help to offer a large earnest money deposit upon acceptance to get the bank’s attention? I’d hate to have a large earnest money deposit tied up for months while the short sale slowly works its way through the bank before the bank accepts the offer. I don't mind putting down the money once the offer is accepted. Any thoughts? I’ve heard that some homeowners in short sale transactions strip their homes before they vacate and take everything from appliances to door knobs to cabinets to toilets, etc. Is there any way to protect myself from that happening in the purchase agreement? Does anyone have any recommended language? There were a few pieces of furniture that are in the house that seemed to fit certain rooms very well (e.g., a beautiful desk in the office). Is there a way to put that in the purchase agreement or would I need to negotiate separately with the current owner? I'm not sure about this in a short sale situation. Is there any disadvantage to buying a home through a short sale? Any thoughts or comments would be much appreciated!!!! Thank you!!

Happy Pi Day!

Mon, 14 Mar 2011 05:08:22 -0700

For those of you who are math junkies, you might already know that today is Pi Day. Pi Day is a “holiday” celebrated every March 14th (3/14). The Greek letter "pi" is the mathematical symbol for the relationship between the circumference of a circle and its diameter. Pi = 3.14. Because March 14 is 3/14 (and pi is 3.14 . . . ), this day is considered Pi Day. For more information, you should check out the official Pi Day website.

How Much Snow Did You Get?

Mon, 21 Feb 2011 07:26:24 -0800

How much snow did you get during last night's storm? I live in Farmington Hills, and we got hit with 9 inches. It took us almost 2 hours to dig out this morning so we could get the cars on the road. I'm curious to see what others got.

Michigan Real Estate License Holding Company

Wed, 15 Dec 2010 02:27:18 -0800

Are you tired to paying hundreds of dollars to maintain a real estate license that you're not using? Let our holding company hold your Michigan Salesperson License and save you a lot of money each year. We make holding your real estate salesperson license As Easy As 1-2-3! Check us out at www.123MichHolding.com Keep your MI Real Estate Salesperson License Active! Get 6 FREE hours of continuing education at www.123ConEd.com, a leader in Michigan real estate continuing education! Generate income from referrals, and you get to keep 75% of what you earn (far more than most other holding companies)! Send your referral business to any broker of your choice! Have the flexibility to transfer your license to another broker when you are ready to represent buyers and sellers! 123 Mich Holding LLC (www.123MichHolding.com) is a Michigan company, and we understand the desire to keep your hard-earned Michigan Real Estate Salesperson License while avoiding the high cost usually associated with representing buyers and sellers directly. We provide the best of both worlds, including free continuing education, all for only $75 each year. Check us out at www.123MichHolding.com If you do not currently plan to engage in real estate, but still want to keep your license and generate some income from referrals, 123 Mich Holding LLC is your perfect employing broker! Let 123 Mich Holding LLC hold your Michigan salesperson license!! Only $75 annual fee! FREE 6 hours of continuing education (including legal update)! Keep 75 percent of any referral business! We make transferring your salesperson license As Easy As 1-2-3! You can’t go wrong with 123 Mich Holding LLC!

Meet Daisy!

Sat, 16 Oct 2010 07:47:27 -0700

We've expanded our family by one with Daisy, who is a fifteen-week-old Shepherd mix that we just rescued. She is a great puppy. In the course of looking for a rescue puppy, we stumbled across a great organization named Last Day Dog Rescue, which focuses on rescuing dogs from the "urgent" list in shelters and pounds across lower Michigan and parts of Ohio with an emphasis on those shelters who euthanize by gas or those shelters who sell the dogs in their care to research labs. Last Day Dog Rescue is a fantastic organization that really does a great job placing dogs of all ages and sizes. It is run by volunteers, all of whom do a great job! I wanted to spread the word about Last Day Dog Rescue because I just discovered it while looking for a puppy. When we could not find a suitable puppy from the local pounds and humane society, an Internet search turned up Last Day Dog Rescue. It's definitely a great place to look if you're looking to rescue a dog. Here are a few pictures of little Daisy. My kids absolutely love her!

Michigan Con Ed Deadline Fast Approaching!

Mon, 11 Oct 2010 07:43:49 -0700

Michigan Con Ed Due by October 31! Halloween is scary, but not getting your continuing education credits on time is even scarier! 123 ConEd LLC values you business, and if you haven’t already obtained your required 18 hours of continuing education credits, we want to help! www.123ConEd.com We make Continuing Education As Easy As 1-2-3!TM Plus: 10% DISCOUNT ON ALL COURSES Discount Code: HALLOWEEN (at checkout) When you're up against a deadline, 123 ConEd LLC online continuing education is the most efficient and cost effective way to meet your real estate continuing education needs. With 123 ConEd LLC, you are in control: No worries about classes being full No travel to/from continuing education classes No standing in the back of the room to get your credits Your home or office is your classroom Work at your own pace (start/stop whenever you want) You pick the topics that interest you We report your course completion to the State Our courses are a fraction of the cost of a live class No special software, no downloads, no CD/DVD 123 ConEd LLC courses are all fully approved and certified by the Michigan DELEG. In fact, 123 ConEd LLC courses are prepared by two qualified licensed attorneys and real estate brokers. 123 ConEd LLC courses are interesting, informative, and reliable. Simply stated, when you log onto www.123ConEd.com, you get real eduction combined with real convenience!

Happy 50th Anniversary!

Thu, 30 Sep 2010 08:07:40 -0700

Happy 50th anniversary to the Flintstones! The show debuted 50 years ago today (September 30, 1960) on ABC. I can vividly remember watching the Flintstones every Saturday morning when I was growing up. In fact, after all of these years (decades), I can still remember every word of the opening theme song. My kids are now enjoying the show themselves. A great piece of Americana.

Requirements for Using Fair Housing Logos and Posters

Wed, 22 Sep 2010 07:07:09 -0700

Using the fair housing logo is a great way to show a commitment to fair housing. Many housing providers use the Equal Housing Opportunity logo in their ads and on their written materials to show that they do business in compliance with fair housing laws. HUD requires that owners and managers display a fair housing poster with its logo at rental offices. This applies to rentals covered by the federal Fair Housing Act, and to dwellings rented through a real estate broker/agent. See 24 C.F.R. §§ 110.1 – 110.30. Who Is Required to Display a Fair Housing Poster? HUD’s regulations require the following: If a single-family dwelling (one that is not being offered for sale or rental in conjunction with the sale or rental of other dwellings) is offered for sale or rental through a real estate broker, agent, salesman, or person in the business of selling or renting dwellings, such person must post and maintain a fair housing poster at any place of business where the dwelling is offered for sale or rental. 24 C.F.R. § 110.10(a)(1). With respect to all other dwellings covered by the Fair Housing Act, a fair housing poster must be posted and maintained at: o Any place of business where the dwelling is offered for sale or rental, and o The dwelling (except that with respect to a single-family dwelling that is being offered for sale or rental in conjunction with the sale or rental of other dwellings, the fair housing poster may be posted and maintained at the model dwellings instead of at each of the individual dwellings). 24 C.F.R. § 110.10(a)(2). With respect to new construction, the fair housing poster must be posted at the beginning of construction and maintained throughout the period of construction and sale or rental. 24 C.F.R. § 110.10(a)(3). HUD does not require the posting and maintaining a fair housing poster on vacant land. 24 C.F.R. § 110.10(b)(1). All real estate brokers and agents must post and maintain a fair housing poster at all of their places of business. 24 C.F.R. § 110.10(c). Location of Posters All fair housing posters must be prominently displayed “so as to be readily apparent to all persons seeking housing accommodations or seeking to engage in residential real estate-related transactions or brokerage services.” C.F.R. § 110.15. Availability of Posters Fair housing posters can be obtained from HUD’s regional and area offices. A facsimile may be used if the poster and the lettering are equivalent in size and legibility to the poster available from HUD. 24 C.F.R. § 110.20. Effect of Failure to Display Poster Any person who claims to have been injured by a discriminatory housing practice may file a complaint with HUD. And consistent with that, a failure to display the fair housing poster as required by this part shall be deemed prima facie evidence of a discriminatory housing practice. 24 C.F.R. § 110.30 ******************************************** To learn more about Fair Housing issues (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Energy, Labor & Economic Growth. Copyright © 123 ConEd LLC 2010. All rights reserved.

NEW Distracted Driving Ordinance in Troy!

Thu, 29 Jul 2010 07:44:05 -0700

Beginning today (Thursday, July 29, 2010), you can get ticketed for "distracted driving" in Troy, Michigan, based on Troy’s newly-enacted Distracted Driving Ordinance. This is a new Ordinance is designed to improve traffic safety and reduce the number of traffic accidents. Since so many real estate professionals like to multitask while driving, it is important to be aware of this new law, especially while driving through Troy. The Ordinance is divided into three sections, as set forth in Sections of Chapter 106, Traffic, of the Troy City Code relating to distracted driving (Section 1.20.05). Those sections cover the following topics: (1) Texting, (2) Cell Phone Use, and (3) Common Disruptive Behaviors. 1. TEXTING The Ordinance reads: “The physical manipulation of any 2-way wireless electronic communications device used for dialing numbers; or scrolling; or typing or entering multiple letters, numbers, symbols, or other text; or the sending, receiving, and reading of any non-voice data in the vehicle while the motor vehicle is in motion on any highway or street or place open to the general public within the City of Troy. As used in this subsection, a wireless 2-way communication device does not include a global positioning or navigation system that is affixed to the motor vehicle.” Troy City Code, Chapter 106, Section 1.20.05(1). This section addresses texting and similar behaviors related to texting, such as dialing phone numbers or scrolling for and reading messages, music, Internet information, etc. This particular section is modeled after the State of Michigan texting law that took effect on July 1, 2010, so it shouldn't be a surprise to anyone who lives and drives in Michigan. 2. CELL PHONE USE The Ordinance reads: “The physical manipulation or handling of any wireless entertainment or electronic communication device for the purpose of speaking into, or listening to voice data, while the motor vehicle is in motion on any highway or street or place open to the public within the City of Troy.” Troy City Code, Chapter 106, Section 1.20.05(2). This section is specific to cell phone use. In an attempt to clarify this part of the Ordinance, the City of Troy published a document named "Clarification of the City of Troy Distracted Driving Ordinance” that explains that this is NOT a ban on cell phone use. The Clarification document explains that this portion of the Ordinance is merely meant to limit the type of cell phone you can use. If you have a hand-held device, you will need to pull off the roadway (including the shoulder) and find a safe location to place your call. This section allows for the use of a hands-free device such as a ear speaker/microphone combination plugged into the phone, a blue-tooth device, a sync system, and even the use of a speaker phone, as long as the phone can be secured without physically holding it. The operative words in this section are “the physical manipulation or handling,” which means that you cannot have a cell phone in your hand to talk into or listen to. 3. COMMON DISTRACTIVE BEHAVIORS The Ordinance reads: “Any action by the driver of a motor vehicle that diverts his or her attention resulting in the failure to use due care and caution in the safe operation of a motor vehicle while the vehicle is in motion on any highway or street or place open to the general public within the City of Troy. Such action can include but is not limited to: eating, reading, writing, performing personal hygiene/grooming, physical interaction with pets, passengers, or unsecured cargo, any of which is done in a manner that prohibits the driver from maintaining direct physical control of the motor vehicle steering mechanism with at least one hand that is free of all other objects and used entirely to form a controlled grip on the steering mechanism.” Troy City Code, Chapter 106, Section 1.20.05(3). The purpose of this section is to focus the driver on driving, so it deals with a multitude of driving behaviors that often inhibit a driver from maintaining the level of due care and caution that is necessary for the safe operation of a motor vehicle. Fortunately, the City's "Clarification of the City of Troy Distracted Driving Ordinance" helps explain some of this section as follows: READING: Whether you are reading notes for a meeting, reading a map, or reading a novel, reading takes your focus off of the roadway. Consider the fact that you may be driving at 45 MPH, which equates to traveling about 66 feet per second. If you are reading something that takes your focus away from the roadway for even one second, you have traveled 66 feet blindly! A two- second distraction leads you to travel about 132 feet blindly, which is almost half the length of a football field! Too many things can happen during that time that you will not see, let alone be able to react to. WRITING: Writing notes is a dangerous practice. Consider the time and distance example previously mentioned. You may have one hand on the steering wheel, but your focus is on writing information on a piece of paper or on an electronic device. This behavior takes your focus away from your primary objective, which is safe driving. PERFORMING PERSONAL HYGIENE: Putting on makeup or shaving, are types of behavior that often require the use of a mirror and/or the use of two hands to get the job done. This is dangerous driving behavior. INTERACTION WITH PETS AND PASSENGERS: Drivers who keep pets, particularly large pets, on their laps while driving are often prevented from having a clear view of the roadway or ready access to vehicle steering mechanisms, side and rear-view mirrors, turn signals, etc. The Ordinance does not mean you cannot have a pet with you in the vehicle, but you must be mindful that depending on the size of the pet and its location within the vehicle, your interaction with the pet could constitute a distraction to safe driving. Passengers who distract the driver of a moving motor vehicle by engaging in distractive behavior like pushing, shoving, grabbing, fighting, swaying the vehicle by movements done from inside the cabin, leaning out of a vehicle, etc., all constitute a distraction for which the driver may be stopped. Changing clothes, changing a baby’s diaper, and having balloons float within the cabin of a moving vehicle causing a visual obstruction, are just a couple of the ways that physical interaction with cargo can contribute to unsafe conditions. See Troy City Council document entitled "Clarification of the City of Troy Distracted Driving Ordinance" EXCEPTIONS TO THE DISTRACTED DRIVING ORDINANCE The Distracted Driving Ordinance does not apply to a person who is using an electronic communication device to do one or more of the following: a) Report a traffic accident, medical emergency or serious road hazard. b) Report a situation in which the person believes his or her personal safety is in jeopardy. c) Report or avert the perpetration or potential perpetration of a criminal act against the individual or another person. d) Carry out official duties as a police officer, law enforcement official, member of a paid or volunteer fire department, or operator of an emergency vehicle. Troy City Code, Chapter 106 (Traffic), Section 5.14(c). SOURCE: Troy City Code, Chapter 106 (Traffic), Section 1.20.05; Troy City Code, Chapter 106 (Traffic), Section 5.14(c); Troy City Council document entitled "Clarification of the City of Troy Distracted Driving Ordinance" --------------------------------------------------------------- Please visit us at www.123ConEd.com for all of your Michigan real estate continuing education needs. We are the leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online. Copyright © 123 ConEd LLC 2010. All rights reserved.

Lawsuit Filed Against Apartment Complex for Racial Discrimination

Sat, 24 Jul 2010 12:42:18 -0700

Here is another example of a recent Fair Housing Act lawsuit brought by the United States Department of Justice (“DOJ”). I try to post case summaries in order to provide timely updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue. On Friday, July 19, 2010, the DOJ filed a lawsuit against the owner, management company and former manager of Summerhill Place Apartments (a 268-unit apartment complex located in Renton, Washington) for violating the Fair Housing Act by discriminating on the basis of race, color, national origin and familial status in the rental of apartments. Summerhill Place Apartments consists of five separate buildings. Buildings 1-4 each have approximately 55 apartments. Building 5 has approximately 48 apartments. The lawsuit alleges that the defendants steered Indian tenants away from one of the five buildings at Summerhill Place Apartments, treated tenants from India less favorably than other tenants, and discouraged African-Americans, Hispanics and families with children from living at Summerhill. According to the lawsuit, two Summerhill Place Apartments employees contacted the King County Office of Civil Rights (“KCOCR”) in 2007, and reported/complained of discriminatory housing practices at Summerhill Place Apartments. The KCOCR then contracted with the Fair Housing Council of Washington (“FHCW”) to conduct testing at Summerhill Place Apartments. On various occasions between April 2007 and June 2008, the FHCW performed testing at Summerhill Place Apartments and provided the results to the KCOCR. Those tests revealed evidence of discrimination on the basis of race, color, national origin and familial status including, but not limited to, quoting different rental rates to African-American, Hispanic and Caucasian testers, discouraging African-Americans, Hispanics and families with children from renting at Summerhill Place Apartments and making statements indicating discrimination against African-Americans. After testing was conducted, the KCOCR referred the matter to HUD. After an investigation, the Secretary of HUD determined that there was reasonable cause to believe that discriminatory housing practices had occurred and issued a charge of discrimination. The defendants elected to have the matters asserted in the HUD charge heard in federal court. The DOJ's lawsuit alleges that the defendants engaged in discriminatory housing practices against African-Americans, Hispanics, people from India, and families with children at Summerhill Place Apartments, including: Instructing staff to not show vacant apartments in Building 5 or newly renovated apartments to Indians, African-Americans and families with children. Failing to inform Indians, African-Americans and families with children of available apartments in Building 5 or available renovated apartments, while showing and informing white prospective tenants without children of such apartments. Steering Indian prospective tenants into Buildings 1 through 4 and away from Building 5. Discouraging Hispanic prospective tenants from renting apartments by asking Hispanic prospective tenants, but not other prospective tenants, about whether they are legal residents of the United States, whether they have a social security number and, on at least one occasion, instructing a prospective tenant and bilingual employee not to speak Spanish to each other. Discouraging African-American prospective tenants from renting apartments by telling African-American prospective tenants, but not others, that there are strict rules on tenant conduct and suggesting they will be evicted if they violate them, telling African-American prospective tenants, but not others, that they should not even bother applying unless they have “pristine credit” or “squeaky clean” credit and, on one occasion, telling an African-American prospective tenant to pull up his pants. Discouraging prospective tenants with children from renting by falsely telling them that their children would not be allowed to play anywhere on the complex. Discriminating against Indian tenants by not replacing their carpet or their broken appliances, while providing such services to other similarly situated tenants, telling one or more Indian tenants that their children cannot play outside and that they should take them to a park to play, telling Indian tenants to “go back to India” if they cannot learn how to work their appliances and making other derogatory comments to such persons about their national origin. According to the lawsuit, the conduct set forth above constitutes: A refusal to rent, a refusal to negotiate for the rental of, and conduct otherwise making unavailable or denying dwellings to persons because of race, color, national origin and familial status, in violation of 42 U.S.C. § 3604(a); Discrimination in the terms, conditions, or privileges, of rental of dwellings on the basis of race, color, national origin and familial status, in violation of 42 U.S.C. § 3604(b); Statements of preference or limitation on the basis of race, color, national origin and familial status in connection with the rental of dwellings, in violation of 42 U.S.C. § 3604(c); and Misrepresentations regarding the availability of units on the basis of race, color, national origin and familial status, in violation of 42 U.S.C. § 3604(d). The lawsuit seeks monetary damages for those harmed by the defendants’ actions, civil penalties and a court order barring future discrimination. The complaint is an allegation of unlawful conduct. The allegations must still be proven in court. As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing based on race, sex, color, national origin, disability, religion and familial status. Source: U.S. Department of Justice and legal complaint and lawsuit documents (portions of used with the express permission of the DOJ) ----------------------------------------------- To learn more about fair housing issues (along with a variety of other real estate topics), please visit us at www.123ConEd.com. We are the leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online. Copyright © 123 ConEd LLC 2010. All rights reserved.

NEVER Pressure Wash A Deck!

Tue, 20 Jul 2010 06:10:47 -0700

This is an excellent port by Jay. He taught me something that I did not know that is worth sharing! I tell my neighbors. I tell my clients. I tell everybody who will listen. NEVER pressure wash a deck! When the pressure-wash companies send their college kids to knock on my door to "wash" my deck, I tell them why they should not be doing that to decks! When I see their trucks*, they advertise cleaning decks, patios, siding, roofs - you name it! Don't do it! The older the deck, the worse the wood reacts to pressure washing. The big mistake is that companies and homeowners have a tendency to set the pressure way too high. But even at low pressures the deck can become damaged. What does pressure washing decks do? It removes loose material and leaves a gafillion dangerous splinters and gaps. Those gaps open up further letting in more damaging sun and water. It removes the natural oils in the wood that are not replaced with sealants. It causes wood to dry quickly causing cupping and warping. It causes damage. It loosens nails as the wood expands. It can cause water to enter the house. So what to do instead? There are various, excellent, gentle cleansers out there. Be sure to select cleansers that do not have caustic lye or acid, or say not to use around children, pets or water features. A company called Dekswood makes an excellent cleanser that can be followed with sealants. And the so-called "oxygen" cleansers, with the active ingredient of sodium percarbonate, are great and don't damage the wood, the kids or pets, the house or the yard. You MUST seal your deck after cleaning. The sun does more damage to your deck than rain and snow. BE SURE TO USE A SEALANT THAT HAS UV INHIBITORS IN ADDITION TO WATER PROTECTION. Read the label. It will tell you what the contents are. Water proofing alone is not enough. My recommendation: Keep your deck gently cleaned and protected and it will last many decades. Not doing so makes it unsafe and age much faster. * I once gave my spiel to a guy sitting in his company truck in a parking lot (with a smile on my face) and he told me he would NEVER pressure-wash his deck. He said he sees what damage it can do later!

Roofing Recommendation?

Tue, 20 Jul 2010 06:07:11 -0700

I’ve been here on ActiveRain for about a year-and-a-half now and have often marveled at the collective wisdom and knowledge of the people here. I’m hoping to tap into that knowledge base for a recommendation. I need to put a new roof on my house that’s located in a suburb of Detroit, Michigan. There are lots of roofing companies out there, and each offers different products. Does anyone have a recommendation about whether to use traditional asphalt shingles or upgrade to a metal roof? Metal is more expensive, but it will last forever, although the higher quality asphalt shingles now are supposed to last 30 years or so. Also, does anyone have a recommendation for an honest and trustworthy roofing company that does work in Farmington Hills? Thanks for any input or suggestions.

Fair Housing Lawsuit Settled for $82,500

Tue, 06 Jul 2010 12:18:45 -0700

Here is another example of a recent Fair Housing Act lawsuit brought by the United States Department of Justice (“DOJ”) against a housing provider. I try to post case summaries in order to provide timely updates to real estate professionals about the "dos and don'ts" under the Fair Housing Act, since fair housing is such an important issue. Earlier today (Tuesday, July 6, 2010), the owners and operators of Ivanhoe House Apartments, an apartment complex in Ann Arbor, Michigan, agreed to pay $82,500 to settle a fair housing lawsuit filed by the DOJ alleging that they had discriminated against African-American home-seekers. On March 3, 2010, the DOJ filed the fair housing lawsuit alleging that the apartment complex's property manager had racially discriminated in the rental and inspection of apartments. The case was developed through testing conducted by the Fair Housing Center of Southeastern Michigan (a private non-profit organization located in Ann Arbor). The lawsuit was based upon evidence generated by a series of fair housing tests conducted by the Center. In the tests, individuals posed as prospective renters for purposes of determining whether the defendants were providing equal treatment to similarly situated home seekers in compliance with the Fair Housing Act. According to the lawsuit, the testing revealed that the defendants repeatedly and consistently treated African-American apartment-seekers less favorably than white apartment-seekers. Specifically, the complaint alleged that Ivanhoe House Apartments: Denied the availability of apartments for rent or inspection to African-American persons while at the same time telling white persons about apartments available to rent or inspect; Failed to provide African-American persons information about the availability of apartments to rent or inspect that is full, complete, and consistent with the information provided to white persons; Failed to provide to African-American persons the same terms, conditions, or privileges related to the renting of apartments as are provided to white persons; and Refused to accept or process applications by African American persons because of their race or color. As a result, the DOJ alleged that the defendants had violated the Fair housing Act by: Refusing to negotiate for the rental of, or otherwise making unavailable or denying dwellings to persons because of race or color, in violation of 42 U.S.C. § 3604(a); Discriminating against persons in the terms, conditions or privileges of rental, or in providing services in connection therewith, because of race or color, in violation of 42 U.S.C. § 3604(b); and Representing to persons because of race or color that dwellings are not available for inspection or rental when such dwellings are in fact so available, in violation of 42 U.S.C. § 3604(d). Under the terms of today’s settlement, the defendants are required to pay $35,000 in damages to three victims who were discriminated against because of their race . The defendants are also required to pay $7,500 in a civil penalty to the United States and to and pay $40,000 to the Fair Housing Center of Southeastern Michigan as damages for the non-profit’s efforts in testing and investigating the apartment complex. The settlement also requires the defendants and their employees to undergo fair housing training, conduct self-testing of the apartment complex, and provide periodic reports to the DOJ and the Fair Housing Center of Southeastern Michigan. As every real estate professional should already know, the Fair Housing Act prohibits discrimination in housing based on race, sex, color, national origin, disability, religion and familial status. SOURCE: U.S. Department of Justice press release and legal complaint and settlement documents (portions of press release used with the express permission of the DOJ) ----------------------------------------------- To learn more about fair housing issues (along with a variety of other real estate topics), please visit us at www.123ConEd.com. We are the leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online. Copyright © 123 ConEd LLC 2010. All rights reserved.

What Housing Providers Need to Know About Service Animals

Mon, 14 Jun 2010 04:25:52 -0700

Under the Fair Housing Act, a housing provider cannot refuse housing to someone who is disabled because of their disability. Just as important, the law requires housing providers to accommodate a person’s disability by changing or modifying a rule or policy or practice when doing so is necessary to give the disabled person equal opportunity to use and enjoy his or her unit. Under the Fair Housing Act, a housing provider who has established a "no pet" policy must allow a disabled resident to keep a service animal as a reasonable accommodation. The housing provider must allow the disabled resident to keep the service animal if three conditions are met: (1) the resident must meet the definition of handicap as defined in the fair housing law; (2) the housing provider must know about or should have know about the resident’s handicap; and (3) the accommodation may be necessary to afford the disabled resident an equal opportunity to use and enjoy the dwelling. Example: A blind applicant for rental housing wants to live in a dwelling unit with a seeing-eye dog. The building has a “no pets” policy. It is a violation of the law for the owner or manager of the apartment complex to refuse to permit the applicant to live in the apartment without the seeing-eye dog because without the seeing-eye dog the blind person will not have the opportunity to use and enjoy the dwelling. When an applicant or resident who has a disability requests to live with a service animal, follow the usual accommodation process. It is a “reasonable accommodation” to allow residents to live with service animals that meet their disability-related needs. A service animal (also referred to as an assistance animal) usually is defined as “any animal that is individually trained to do work or perform tasks for the benefit of a person with a disability.” Fair housing laws also consider “emotional support” or “companion” animals to be a type of service or assistance animal. Service animals are not pets. A person with a disability uses a service animal as an auxiliary aid – similar to the use of a cane, crutches or wheelchair. Fair housing laws require that service animals be permitted despite “no pet” rules. Owners of service animals should not be charged pet deposits or fees. General cleaning or damage deposits can be charged, if all residents are similarly charged. A resident with a service animal is liable for any damage the animal causes. While the most common service animals are dogs, they may be other species, such as cats, monkeys, birds or other animals. Service animals may be any breed, size or weight. Do not apply pet size or weight limitations to service animals. There is no legal requirement for service animals to wear visible identification (i.e., special collar or harness) or to have documentation (i.e., license, training certification or identification papers). Thus, if might not be evident at first sight whether a dog is a service animal. Although there is no legal requirement for service animals to wear visible identification, if a service animal is “wearing a harness or if the hearing dog or service dog is wearing a blaze orange leash and collar, hearing dog cape, or service dog backpack, and the person with disabilities being led or accompanied has in his or her possession a pictured identification card certifying that the dog was trained by a qualified organization or trainer,” Michigan law imposes criminal penalties (jail and/or fines) on any person who fails to reasonably accommodate the service animal. See M.C.L.A. 750.502(c) and 751.61 et seq. A person may train his or her own service animal. Because service animals provide different types of assistance, in some cases a person with a disability may require more than one service animal. The service animal’s owner is responsible for the animal’s care, should observe leash laws, properly dispose of animal waste, and ensure the animal behaves around others and does not break tenancy rules (such as noise rules). It is critical to remember that a service animal is not a pet. Various fair housing laws require housing providers to modify their "no pets" policy to allow the use of a service animal by a person with a disability. This does not mean the housing provider must abandon its "no pets" policy altogether, but simply that it must make an exception to its general rule for service animals. ********************************************* To learn more about Fair Housing issues in Michigan (and many other topics affecting Michigan real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading online provider of continuing education courses to real estate professionals in Michigan. Our online Michigan real estate con ed courses are fully approved and properly certified by the Michigan Department of Labor & Economic Growth. All of our courses are designed to offer our students the most information, as quickly and economically as possible. Copyright © 123 ConEd LLC 2010. All rights reserved.

Save 10% on ConEd AND We'll Donate 25% of Purchase Price to the American Cancer Society!

Thu, 03 Jun 2010 15:10:16 -0700

Help us raise money for the American Cancer Society while at the same time getting a 10% discount on your real estate continuing education courses. We are participating in the 2010 Relay for Life on June 12-13, 2010. The American Cancer Society Relay for Life is a life-changing event that gives everyone in communities across the globe a chance to celebrate the lives of people who have battled cancer, remember loved ones lost, and fight back against the disease. At Relay, teams of people camp out at a local high school, park, or fairground and take turns walking or running around a track or path. Each team is asked to have a representative on the track at all times during the event. Because cancer never sleeps, Relays are overnight events up to 24 hours in length. To aid with our fund-raising efforts, we have decided to donate 25% of the purchase price of all continuing education courses purchased between now and June 12, 2010, to the American Cancer Society. As an incentive to generate as much money as possible, we are offering a 10% discount on the purchase of all of our online Michigan real estate continuing education courses. To take advantage of the 10% discount and have 25% of the purchase price of your course(s) donated to the American Cancer Society, simply type BEATCANCER in the "Discount Code" field at the bottom of the checkout page (code is case sensitive). You must purchase your courses by June 13, 2010 to take advantage of this offer. Even though you need to purchase the courses by that date to take advantage of the discount, you can take the courses for up to one year after the purchase date. Please feel free to share that discount code with your friends and colleagues. You need to take continuing education courses anyway, so why not save 10% and also help out a great charity at the same time! All of our courses are fully approved and certified by the State of Michigan, and we offer one of the cheapest prices out there. Even without the 10% discount, we offer 6 credits for only $35! Try online continuing education! You won't go back! It's convenient, economical, and fast! It's Continuing Education as Easy as 1-2-3!™ www.123ConEd.com offers a simple, convenient and easy way to get your credits. Classes are 100% online, so take classes wherever there is an Internet connection Work at your own pace (start/stop whenever you want) Complete a few hours or all of your required hours at once We offer courses in 2, 3, 4 and 6 hour increments, so you can pick topics that interest you Our online courses are a fraction of the cost of a live class All courses are fully approved and certified by the State of Michigan Completion Certificate automatically generated as soon as you complete course www.123ConEd.com

Michigan Laws Related to Mold

Wed, 02 Jun 2010 02:28:56 -0700

Are there laws in the State of Michigan related to mold issues? It might seem surprising, but the State of Michigan does not have laws that require anyone to cleanup, remove, or report mold in any indoor environment. Also, the State of Michigan does not have a program to address issues related to mold, other than to provide people basic information about mold clean-up. Moreover, the State of Michigan does not certify or license contractors for mold removal. Since 2002, the Michigan legislature has introduced six separate Bills regarding toxic mold and its disclosure in real estate transactions. Those Bills include: House Bill 4182 of 2005: This Bill, entitled “Revised Judicature Act of 1961, was introduced and referred to the Committee on Judiciary on February 3, 2005. It stated that any “person who knowingly rents, leases, or sells improved real property that contains lead-based paint, toxic mold, or asbestosis without disclosing its presence is liable in a civil action” for “3 times the amount of damages sustained by the plaintiff as well as costs and fees associated” with the lawsuit. Thus, this Bill was an attempt to impose punitive damages on sellers who failed to disclose, among other things, toxic mold. House Bill 5422 of 2004: This Bill, entitled “Revised Judicature Act of 1961, is similar to House Bill 4182 of 2005, and was introduced and referred to the Committee on Judiciary on January 22, 2004. It stated that any “person who knowingly rents, leases, or sells improved real property that contains lead-based paint, toxic mold, or asbestosis without disclosing its presence is liable in a civil action” for “3 times the amount of damages sustained by the plaintiff as well as costs and fees associated” with the lawsuit. Thus, this Bill was a prior attempt to impose punitive damages on sellers who failed to disclose, among other things, toxic mold. Senate Bill 88 of 2003: This Bill, entitled “Seller Disclosure Act,” was introduced on January 28, 2003, and referred to the Committee on Economic Development, Small Business and Regulatory Reform on May 20, 2003. It would have added a new paragraph to the current Seller’s Disclosure Statement that read: “11. TOXIC MOLD: Are you aware of any toxic mold on the property? If yes, please explain.” Thus, it would have specifically required a seller to disclose toxic mold. This Bill is similar to House Bill 6177 of 2002 below. Senate Bill 172 of 2003: This Bill was introduced and referred to the Committee on Economic Development, Small Business, and Regulatory Reform on February 11, 2003. It proposed to create a new law known as the “toxic mold disclosure act” that would have applied to “the transfer of any interest in real estate, whether by sale, exchange, installment land contract, least with an option to purchase, any other option to purchase, or ground lease coupled with proposed improvements by the purchaser or tenant, or a transfer of stock or an interest in a residential cooperative.” The Bill included a two page “TOXIC MOLD DISCLOSURE STATEMENT” that would have been used by a seller to disclose toxic mold. This Bill is similar to House Bill 6179 of 2002 below. House Bill 6177 of 2002: This Bill, entitled “Seller Disclosure Act,” was introduced and referred to the Committee on Commerce on June 5, 2002. It would have added a new paragraph to the current Seller’s Disclosure Statement that read: “11. TOXIC MOLD: Are you aware of any toxic mold on the property? If yes, please explain.” Thus, it would have specifically required a seller to disclose toxic mold. House Bill 6179 of 2002: This Bill was intended “to require certain disclosures by sellers of real property” and was introduced and referred to the Committee on Commerce on June 5, 2002. It proposed to create a new law known as the “toxic mold disclosure act” that would apply to “the transfer of any interest in real estate, whether by sale, exchange, installment land contract, least with an option to purchase, any other option to purchase, or ground lease coupled with proposed improvements by the purchaser or tenant, or a transfer of stock or an interest in a residential cooperative.” The Bill included a two page “TOXIC MOLD DISCLOSURE STATEMENT” that would have been used by a seller to disclose toxic mold. To date, none of the above Bills have made it through any of their respective committees, and none has become law. However, laws do exist that cover certain situations that involve indoor mold. The following is a list government agencies that may be able to provide guidance if your house or apartment has indoor mold. Landlord and tenant relationships: If a tenant is renting an apartment or house, that person has the right to expect certain minimum standards referred to as "warranties of habitability" that provide minimum standards of decent, safe, sanitary housing specified in the state or local housing code. For more information on landlord-tenant relationships go to: http://www.tenant.net/Other_Areas/Michigan/index.html. Fraud in mold remediation companies: If you believe you are a victim of fraudulent business practices from a company involved in mold remediation, contact: Michigan Attorney General's Office, Michigan Consumer Protection Division, P.O. Box 30213-7713, Lansing, MI 48909, (517) 373-1140 Legal issues related to new home construction and mold: If you have questions about laws regarding new housing construction and contractors actions related to mold, contact: Michigan Department of Labor & Economic Growth, Bureau of Commercial Services/Enforcement Division, P.O. Box 30018, Lansing MI 48909, (517) 241-9202 For more information on mold: Michigan Department of Community Health Toxics and Health hotline and website: 1-800-648-6942, www.michigan.gov/mdch-toxics Your local public health department, find it at http://www.malph.org/page.cfm/108/ Centers for Disease Control: http://www.cdc.gov/mold/ National Center for Housing and the Environment: http://www.stopmold.org/ Seller Disclosure Statement May Apply to Mold Michigan’s Seller Disclosure Act (Act 92 of 1993) requires sellers of residential property to provide a Seller Disclosure Statement to buyers. MCL 565.951, et seq. Among other things, the disclosure statement includes a provision entitled “Environmental Problems,” which may require the disclosure of mold or mold related issues, depending on the facts and situation. Specifically, that provision states: Although “mold” is not specifically listed above as an “environmental hazard,” depending on the facts and circumstances, its disclosure may still be warranted. Indeed, a careful reading of the question demonstrates that the environmental hazards listed within it are merely examples. Stated another way, use of language like “such as,” and “but not limited to” leave the door open for mold to be considered an environmental problem or hazard. Bottom line, if the seller (and/or his agent) is aware of mold, and the nature and extent of that mold rises to the level of it being an environmental hazard, then he or she must disclose it. Not disclosing it under that circumstance could expose the seller and the agent/broker to liability. Most sellers will not know if they have mold problems, so it is important that real estate professionals encourage their buyers to thoroughly inspect a home prior to closing. By inspecting early, there is time to negotiate any corrections. Buyers should hire a professional to check for mold growth in the following areas: Heating and cooling systems Humidifiers Vents Duct lining Insulation Exhaust fans vented to outdoors Attic Basement Crawlspaces Downspouts routing water away from the house Although not required by Michigan law, some agents are using a separate mold disclosure disclaimer form, which is signed by the seller and buyer. A mold disclosure form can be obtained from the National Association of Realtors and from many local boards. ******************************** To learn more about a variety of real estate topics, please visit us at www.123ConEd.com. We are a leading online provider of Michigan real estate continuing education. All of our courses are fully approved and properly certified by the State of Michigan, and are offered online. State Sponsor No. 373. Copyright © 123 ConEd LLC 2010. All rights reserved.

Happy Pi Day!

Sun, 14 Mar 2010 06:47:56 -0700

Happy Birthday, Dr. Seuss!!

Tue, 02 Mar 2010 10:04:08 -0800

Happy Birthday, Dr. Seuss!! Happy Birthday, Dr. Seuss!! The beloved Theodor Seuss Geisel (aka Dr. Seuss) was born on March 2, 1904, in Springfield, Massachusetts. He would have been 105 today. My kids read his whimsical, fabulous stories almost every day! He was really a creative genius. Happy Birthday, Dr. Seuss!! Happy Birthday, Dr. Seuss!!

Radon in Michigan

Sat, 30 Jan 2010 02:31:27 -0800

Why do real estate professionals need to know about radon? Because radon can build to dangerous levels in some homes, which, in turn, can cause lung cancer after prolonged exposure. Many people wait until they are about to sell their home or buy a new one before they decide to learn more about radon. But real estate professionals who are knowledgeable about radon can properly guide home buyers and sellers by educating them about radon and answering related questions during real estate transactions. Radon can be resolved at a relatively low cost and should not stand in the way of the completion of any real estate transaction. By being knowledgeable and providing information, real estate professionals can minimize the potential for liability and avoid delaying or derailing closings because of radon. Naturally occurring uranium found in the geology of the State is the prevailing source of radon affecting most of Michigan. According to the Michigan Department of Environmental Quality, one in eight Michigan homes have the potential of having an elevated indoor radon level, and in some counties more than 40% of the homes would be expected to have a problem. Radon is clearly an issue that real estate professionals should become familiar with to provide better service to their clients and avoid potential liability. Radon was first recognized as an indoor environmental health concern in the mid-1980s. Radon is a colorless, odorless, tasteless, and radioactive gas produced from the natural decay of uranium, which is found in nearly all soils and rock throughout the United States. Radon gas typically moves up through the ground and into homes through cracks in the foundation, gaps and joints in the building materials, and exposures to the soil. The more uranium found beneath a home, the higher the potential for elevated radon levels within the home constructed upon that soil. Radon gas is a naturally occurring radioactive gas that is invisible and odorless. It forms from the radioactive decay of small amounts of uranium and thorium naturally present in rocks and soils so some radon exists in all rocks and soils. Because radon is a gas, it can easily move through soil and cracks in building slabs or basement walls and concentrate in a building’s indoor air. The U.S. Surgeon General and the EPA recommend that all homes in the United States be tested for radon. Radon is a Class A carcinogen, which means it is known to cause cancer in humans. Most people do not know that radon is the second leading cause of lung cancer in the United States, resulting in approximately 21,000 lung cancer deaths each year. According to the Michigan Department of Environmental Quality, more than 600 of those are projected to occur in Michigan. Only smoking causes more lung cancers. Not everyone who breathes radon will develop lung cancer. Your risk is determined by such things as: How much radon is in your indoor environment. The amount of time you spend in that indoor environment. Whether you smoke or ever have smoked. The only known health effect of radon is an increased risk of lung cancer, and exposure to elevated radon levels does not result in any warning symptoms like headaches, nausea, fatigue, or skin rashes. The only way to know whether you are being exposed to elevated radon levels is to test your home (and other indoor environments). The good news is that radon problems can be fixed. Radon reduction systems work and they are not too costly. Some radon reduction systems can reduce radon levels in a home by up to 99%. Even very high levels can be reduced to acceptable levels. The EPA worked with the United States Geological Survey and the state radon programs throughout the country to develop a “Map of Zones” to help identify areas of the United States with the potential for elevated indoor radon levels. Counties were ranked into one of three categories (Zone 1, Zone 2, or Zone 3, with “1” being higher potential and “3” being lower potential) based on indoor radon measurements (i.e., data from the 1987-88 residential radon survey), geology, aerial radioactivity, soil permeability, and foundation type. The following is the Map of Zones for Michigan: This Map of Zones was developed to assist national, state, and local organizations in targeting their resources for outreach and education, as well as to assist building code officials in deciding whether radon-resistant features should be incorporated into new construction. This map is not intended to be used to determine if a home in a given zone should be tested for radon. Homes with elevated levels of radon have been found in all three zones. All homes should be tested regardless of geographic location. Important points to note: All homes should test for radon, regardless of geographic location or zone designation There are many thousands of individual homes with elevated radon levels in Zone 2 and 3. Elevated levels can be found in Zone 2 and Zone 3 counties. All users of the map should carefully review the map documentation for information on within-county variations in radon potential and supplement the map with locally available information before making any decisions. The map is not to be used in lieu of testing during real estate transactions. Thus, radon is clearly an issue that Michigan real estate professionals should become familiar with to provide service to their clients and avoid potential liability. ********************************************* We offer online real estate continuing education to Michigan agents and brokers. We offer numerous different course titles on our easy to use and easy to navigate website (www.123ConEd.com). All of our courses have been approved and certified by the State of Michigan. Copyright © 123 ConEd LLC 2010. All rights reserved.

When and How a Tenant Must Request a Reasonable Accommodation/Modification

Sat, 30 Jan 2010 02:28:28 -0800

Under the Fair Housing Act, a resident or an applicant for housing makes a reasonable accommodation request whenever she makes clear to the housing provider that she is requesting an exception, change, or adjustment to a rule, policy, practice, or service because of her disability. She should explain what type of accommodation she is requesting and, if the need for the accommodation is not readily apparent or not known to the provider, explain the relationship between the requested accommodation and her disability. Similarly, a resident or an applicant for housing makes a reasonable modification request whenever she makes clear to the housing provider that she is requesting permission to make a structural change to the premises because of her disability. She should explain that she has a disability, if not readily apparent or not known to the housing provider, the type of modification she is requesting, and the relationship between the requested modification and her disability. An applicant or resident is not entitled to receive a reasonable accommodation or modification unless she requests one. However, the Fair Housing Act does not require that a request be made in a particular manner or at a particular time. A person with a disability need not personally make the reasonable accommodation request; the request can be made by a family member or someone else who is acting on her behalf. An individual making a reasonable accommodation or modification request does not need to mention the Act or use the words “reasonable accommodation” or “reasonable modification.” However, the requester must make the request in a manner that a reasonable person would understand to be a request for an exception, change, or adjustment to a rule, policy, practice, or service because of a disability or that a reasonable person would understand to be a request for permission to make a structural change because of a disability. Although a reasonable accommodation or modification request can be made orally or in writing, it is usually helpful for both the resident and the housing provider if the request is made in writing. This will help prevent misunderstandings regarding what is being requested, or whether the request was made. To facilitate the processing and consideration of the request, residents or prospective residents may wish to check with a housing provider in advance to determine if the provider has a preference regarding the manner in which the request is made. However, housing providers must give appropriate consideration to reasonable accommodation and modification requests even if the requester makes the request orally or does not use the provider’s preferred forms or procedures for making such requests. Example: A tenant in a large apartment building makes an oral request that she be assigned a mailbox in a location that she can easily access because of a physical disability that limits her ability to reach and bend. The provider would prefer that the tenant make the accommodation request on a pre-printed form, but the tenant fails to complete the form. The provider must consider the reasonable accommodation request even though the tenant would not use the provider’s designated form. It is important for all real estate professionals to remember that the federal Fair Housing Act prohibits discrimination in housing on the basis of race, color, religion, sex, familial status, national origin and disability. ****************************************** To learn more about fair housing issues (and many other topics affecting real estate professionals), please visit us at www.123ConEd.com. 123 ConEd LLC (www.123ConEd.com) is a leading provider of Michigan real estate continuing education. Our online real estate con ed courses are fully approved for credit by the Michigan Department of Energy, Labor & Economic Growth. Copyright © 123 ConEd LLC 2010. All rights reserved.