President's Letter
By Jim Lambrecht, MiCAR President
Lambrecht Properties, Inc., Bingham Farms, MI

The MAR Convention & Expo will be here before we know it and this year’s event has a lot to offer MiCAR members so make sure you mark September 25 – 27 to attend. This year’s location is downtown Grand Rapids. If you have not been there in awhile, you will be surprised at how much the city has grown. Around every corner seems to be a new development. From the Amway, where the convention is taking place, you can see the progress of a new JW Marriott, and across the street is the site for the new art museum.

In midst of taking in the city’s expansion, you can also make important connections as well as earn continuing education credits. MiCAR has a convention task force that has put together an agenda specialized for its members. This year, we are featuring the well-known speaker/trainer, Jim Gillespie. Jim has over 20 years of experience in commercial real estate and has a great deal of valuable information to share.

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Committee Moves Forward on Commercial Lien Act

After deliberating for several years, the Michigan Commercial Alliance (MiCAR) of REALTORS® and their representatives on the MAR Public Policy Committee moved forward on the issue of allowing commercial brokers to place a lien on a property. Sen. Mike Bishop (R-Rochester) has introduced legislation to protect commercial brokers against losing rightfully earned commissions. Dubbed the “Commercial Real Estate Broker’s Lien Act”, Senate Bill 1099 will enable brokers to establish statutory liens for non payment of commissions rightfully earned on properties they sell. After the sale, a lien can be placed on that property to ensure the broker is properly compensated.

Another purpose of this legislation is to prevent future lawsuits in regard to commissions. Given Michigan’s economic state, it is extremely necessary to do everything possible to avoid costly litigation procedures with buyers or sellers who might be looking to take advantage of brokers not wanting to lose a sale. Avoiding litigation is a good thing for all REALTORS®, whether they sell commercial or residential properties.

Several states already have commercial broker lien laws in place. Keeping honesty in real estate transactions, whether it is with the real estate practitioner, the buyer, or the seller, is a good thing for the industry as a whole and should be encouraged. The bill is currently in the Senate Committee on Economic Development, Small Business, and Regulatory Reform.

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Do-Not-Fax Legislation Signed by the President

On Saturday, July 9th, President Bush signed S. 714, the Junk Fax Prevention Act, into law. The newly signed law does not legalize unsolicited fax advertisements or solicitations but does allow for an established business relationship exception. In summary, the new fax law is effective immediately and...

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Commercial Property Board of Review Legislation

There have been numerous bills this year streamlining lengthy procedures and paperwork on various levels of state and local government. One in particular piece of legislation that the MAR has been closely watching deals with changes in Tax Tribunal proceedings to make it more effective. Newly enacted Public Act 174 of 2006 (formerly House Bill 5854), the bill reforms the business property tax appeals procedures by providing commercial taxpayers the opportunity to bypass the local Board of Review (BOR) and work directly with the Tax Tribunal.

Public Act 174, sponsored by Rep. Fulton Sheen (R-Plainwell), was designed to make the operations of the local Boards of Review and the Tax Tribunal more efficient. Currently, the Tax Tribunal can only hear a property tax valuation or exemption case if a protest is first filed with the local Board of Review. This legislation allows businesses to bypass their local Board of Review, and save the time and money on an appeal that most likely end up before the tribunal anyway. This also takes the burden off local BOR’s and the tribunal by separating complex commercial taxation matters from residential appeals and allowing both bodies to serve taxpayers in a more proficient manner. The MAR has supported this legislation since its inception, which made its way to the Governor’s desk for signature after passing unanimously through the Michigan House and Senate.

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Listen to the New "Technology & Intelligence Briefing"

Technology and real estate experts talk about trends that affect your present and future business.

Find out more

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Things to look for

The Michigan Association of REALTORS® realizes that the continuing education requirements for real estate licensees can get confusing. To help MiCAR members sort through what they have and what they still need for the first three-year licensing cycle, MAR will be performing a special mailing updating all MiCAR members on their continuing education status. Look for your letter in early August.

REALTOR® candidate endorsements have been made for the primary election being held August 8, 2006. Postcards with these endorsements will be mailed to all members the week prior to the primary. Look for your postcard and remember to take it to the polls to support REALTOR®-friendly candidates.

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MiCAR Monthly
July 2006

• President's Letter
• Commercial Moves Forward on Commercial Lien Act
• Do-Not-Fax Legislation Signed by the President
• Commercial Property Board of Review Legislation
• Listen to the New "Technology & Intelligence Briefing"
• Things to look for