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MI HB4228

Bill

Status

Passed

5/25/2011

Primary Sponsor

Bruce Rendon

Click for details

Origin

House of Representatives

96th Legislature

AI Summary

  • Prohibits transfer fee covenants executed on or after May 24, 2011 from running with the title to residential real property or binding subsequent owners, purchasers, or mortgagees.

  • Voids any lien purporting to secure payment of a transfer fee under a transfer fee covenant executed on or after the effective date.

  • Defines "transfer fee" as a fee or charge payable upon sale, gift, conveyance, or other transfer of ownership interest in residential real property, with specific carve-outs for broker commissions, mortgage-related fees, lease payments, and homeowners' association fees.

  • Allows any aggrieved person to bring an action to clear title and void transfer fees, with courts authorized to award actual reasonable attorney fees and costs in successful actions.

  • Effective immediately upon the governor's approval on May 24, 2011.

Legislative Description

Construction; contracts; capital recovery fees; prohibit for residential development. Creates new act.

Construction, contracts

Last Action

Assigned Pa 35'11 With Immediate Effect

5/25/2011

Committee Referrals

Economic Development3/24/2011
Regulatory Reform2/10/2011

Full Bill Text

No bill text available