Each year, MAR invests six-figure amounts in legal work on behalf of our members, our associations, our industry, and the property rights of our clients. This includes litigation, research, legislative analysis, Legal Lines articles in Michigan REALTOR® magazine the REALTOR® Advocate newsletter, the Legal Hotline and information available on the Web site.

The MAR Legal Hotline allows members to have direct, toll-free access to a qualified attorney who can provide information on real estate law and related matters.This service is only available to Michigan Association of REALTOR® members. This is not a public service.The service is provided through member dues and amounts to $3 per year per member.

The Legal Hotline number is 800.522.2820.

The MAR Legal Hotline is operated six hours per day (9 a.m. to 3 p.m.), five days a week, Monday through Friday. This makes the MAR Legal Hotline available to members approximately 250 work days a year. Recognized holidays are excluded. If the Legal Hotline is busy, an answering machine will take your call. Calls are returned within 24 hours, usually during the same day.

• See a list of commonly asked questions here.
• Click here to download a printable pamphlet.

The MAR Legal Hotline is staffed solely by a qualified attorney from the law firm of McClelland and Anderson, L.L.P. who can provide information on real estate law and related matters from a Michigan law firm. No paralegals or other types of administrative assistants are used.

• A broad base of topics are addressed
• Most questions are answered at the time of the call
• The Legal Hotline is intended to serve solely as a source of legal information; does not result in an attorney/client relationship
• The MAR has no legal liability for the information provided by the Legal Hotline attorneys.

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An earnest money dispute. Should the money be released to the seller? Why should the REALTOR® be the one who has to decide? Indeed, the following constitutes one of the most commonly asked questions on the Michigan Association of REALTORS® Legal Hotline.

For years, REALTORS® have been counseled over the Legal Hotline that, in a situation where both the buyer and the seller assert a claim to the earnest money deposit, the REALTOR® should not release the money to either party no matter how strongly the REALTOR® believes that party is entitled to the money.

While there is no requirement that a REALTOR® initiate an interpleader action to dispose of a disputed earnest money deposit, in some cases, a REALTOR® may choose to do so in order to take himself or herself out of the middle of a dispute.

The question which always arises is, “How do I interplead the money and how much will it cost me to have an attorney do it?” This download is designed to provide some general guidance to interpleading funds so that a REALTOR®’s attorney or a REALTOR® may be able to cheaply dispose of an earnest money deposit and the dispute that travels with it.

• Click here to download the interpleader guide

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When REALTORS® find themselves involved in lawsuits that they believe could have an impact on the entire real estate industry, they are encouraged to contact MAR to seek assistance through the MAR’s Legal Action Fund. In most cases, the Legal Action Committee will approve funds to allow MAR legal counsel to participate in potentially precendent-setting cases as an amicus curiae (friend-of-the-court). By doing this, the Legal Action Fund can help shape the court’s decision so that it will be more likely to decide in favor of REALTORS® and private property owners. Click here to visit the Legal Action Fund web page.

• Click here to download the Legal Action Fund pamplet
• Click here to download the Legal Action Fund Request Form

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CAS specializes in dispute resolution involving residential real estate and has established a preeminent position as the principal dispute settlement organization utilized by state REALTORS®, home warranty companies, home inspectors, and construction companies. CAS staff has administered over 75,000 disputes to a fair, prompt, and inexpensive resolution.

CAS has a statewide panel of trained and highly qualified arbitrators, many of whom have in excess of 10 years experience. CAS supports its arbitrators with periodic training, a highly automated case management system and case administrators available to guide the parties through the process.

• Click here to visit CAS’s Web site for more information.

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REALTORS® considering the use of personal assistants should keep in mind that from a legal standpoint, there are at least two significant decisions to be made prior to hiring a person in this capacity. First, are these services to be provided by a licensed or unlicensed person? Second, is this person going to be an employee or an independent contractor? The answers to these questions will determine in large part the nature of the job description, the reporting requirements, withholding requirements, contract requirements and the like.

• Click here to download the full document

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The 2004 edition of the Condominium Buyers' Handbook is now available. Condominium Act requires that all purchasers of condominiums receive this handbook. Call 517-782-2737 to order a copy, at the price of $1.30 per handbook, plus tax and shipping.