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As a real estate agent, can I be paid to provide a market analysis?

6/29/2015

 
Currently, under Michigan law, salespersons may prepare a market analysis for the sole purpose of aiding buyers and sellers in determining a potential sale or list price, or tenants and landlords to determine a potential rental rate. The salesperson may not charge a fee or other consideration for the analysis.  A broker or associate broker may charge a fee for a written market analysis, which must include the following, special verbiage in bold face print.  Failure to do so may result in penalties as set for in the Occupational Code:

“This is a market analysis, not an appraisal, and was prepared by a licensed real estate broker/associate broker, not a licensed appraiser.”

One of my old deals finally closed, but I’m with a different broker now. Can I still get paid?

6/15/2015

 
Maybe.  It all depends on the terms of the agreement you had with your old broker.  However, according to Michigan’s Administrative Rules that govern real estate salespersons and brokers, the answer is yes.  If an individual earned commissions or other income while licensed to a broker, it shall not be grounds for disciplinary action as a violation for the broker to pay such earned commissions or income to that individual, regardless of whether that individual is now licensed to another broker.  In fact, you can be paid even if you are no longer licensed. 

Always, always, always put agreements between you and your broker in writing.  There is no substitute for a clearly defined agreement that is in writing, especially when it comes to referrals and commission issues.  It’s the safest way to be sure that you will be paid for living up to your end of any agreement.

For more information, check out:
http://w3.lara.state.mi.us/orr/Files%5CAdminCode%5C1444_2014-112LR_AdminCode.pdf

5 Steps To Become A Licensed Real Estate Salesperson In Michigan

6/8/2015

 
Have you ever thought about becoming a Michigan licensed real estate salesperson?  It’s not as hard as you might think.  Here are 5 STEPS to become a licensed real estate agent in Michigan:

1)  COMPLETE YOUR REAL ESTATE FUNDAMENTALS (PRELICENSURE) COURSE
Be sure to take the 40 hour prelicensing course from a school that has been approved by the State of Michigan.  Here is a list of approved prelicensure course providers: http://www.michigan.gov/documents/lara/lts651_472943_7.pdf.  Once you complete that course, your school will submit your certificate of completion to the State of Michigan.  Always keep a copy of completion certificates for your records.  You must apply for your license within 36 months (three years) of completing your prelicensure course. 

2) APPLY FOR YOUR LICENSE
Log onto www.michigan.gov/icola to apply for a license.  Upon accessing iCOLA you will be asked to create an account, pay your license fee and submit your license application electronically.

3)  OBTAIN AUTHORIZATION TO TAKE THE EXAM
Once your application has been approved, you will receive an email from the Department of Licensing and Regulatory Affairs (LARA) notifying you of your authorization to register for the exam.

4) REGISTER AND TAKE THE EXAM
The real estate salesperson exam is administered through Psychological Services, Inc. (PSI).  To schedule your exam, visit the PSI website at: https://candidate.psiexams.com/.

PSI specifically requires LARA’s pre-approval before you can sit for the exam. Salesperson candidates must first apply for licensure through the Michigan iCOLA website. (See Step 2 above.)

5) SECURE AN EMPLOYING BROKER
In order to practice as a real estate salesperson, you must be sponsored by a licensed Michigan Employing Broker. If you list your employing broker's 10-digit number when applying, please inform your employer that you have submitted your license application. Your employing broker should then access his or her iCOLA account and confirm sponsorship. You do not need to have a broker at the time you submit the license application; broker information may be supplied to the State of Michigan at a later time using the Employing Broker Notification form. Your license application will remain in a "pending" status until a broker’s sponsorship is confirmed, or for one year from the date of your application.

123 Mich Holding LLC is a Michigan broker that holds Michigan real estate salesperson licenses until you are ready to be an active agent.  That is, if you need a broker to hold (or sponsor) your new salesperson license, but you are not ready to actively engage in the practice of real estate, you can “park” your license with 123 Mich Holding LLC (www.123MichHolding.com).  With 123 Mich Holding LLC, your license will remain active with the State of Michigan, and you can transfer it to an active broker when you are ready.  In the meantime, you can also refer folks to active brokers (of your choice) and receive referral fee.  Checkout www.123MichHolding.com for details.

How your lapsed license can be active again!

6/1/2015

 
You used to be a Michigan licensed real estate agent, but you got out of the business for a while and let your license lapse.  You no longer have an active license, but you want to get back into the game.  Now what do you do? 

If your license has been lapsed less than 3 years (expired October 31, 2012), you can apply for relicensure if you have 6 hours of con ed for each year you had a license, plus 6 hours for each year you missed in the current 3-year cycle.  This is the ONLY option available to you if your license lapsed less than 3 years ago. 

If your license lapsed more than 3 years ago, you have some options:

1) Successfully complete 6 hours of con ed for each year you held a license, plus 6 hours for each year missed in the current 3-year license cycle (which is the option above) OR

2) Successfully complete an approved 40-hour prelicensure course for salesperson relicensure or a 90 total hour prelicensure course for broker relicensure.   Please note that those courses cannot be completed more than 12 months before your relicensure application OR

3) Successfully complete/pass the State real estate exam

Until recently, the continuing education provider reported your course completions and those completions were registered with the Department of Licensing and Regulatory Affairs (LARA).  However, since January 1, 2015, individuals are required to save their own certificates of completion, and as a result, relicensure applications now require you to provide proof of course completion.  For that reason, you should select a continuing education provider that saves your course completions for you – or will provide proof of course completion should you request it from them.  Some providers who provide this service free are www.1StopConEd.com and www.123ConEd.com.

When you are ready to apply for relicensure, be sure to use the following forms.  They have recently changed:

Salesperson Relicensure form: http://www.michigan.gov/documents/lara/lre008_471794_7.pdf

Broker Relicensure form: http://www.michigan.gov/documents/lara/lre010_471789_7.pdf

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    Jason Rose and Danielle Gutierrez -- two highly motivated attorneys and brokers! Stay tuned -- more coming soon!

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