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MI HB4228
Bill
Status
5/25/2011
Primary Sponsor
Bruce Rendon
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AI Summary
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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.
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Voids any lien purporting to secure payment of a transfer fee under a transfer fee covenant executed on or after the effective date.
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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.
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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.
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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