HB-5200, As Passed House, October 29, 2009
July 14, 2009, Introduced by Reps. Haugh, Roberts, Kandrevas, Slezak and Dean and referred to the Committee on Regulatory Reform.
A bill to amend 1980 PA 299, entitled
"Occupational code,"
by amending section 2511 (MCL 339.2511), as amended by 1990 PA 164.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
Sec.
2511. (1) A plan or scheme involving a lottery, contest,
game, prize, or drawing shall not be used by a real estate broker
or real estate salesperson for the sale or promotion of a sale of
real estate. However, a game promotion as defined in and in
compliance
with section 372a of the Michigan penal code, Act No.
328
of the Public Acts of 1931, being section 750.372a of the
Michigan
Compiled Laws 1931 PA 328,
MCL 750.372a, may be used by a
real estate broker or real estate salesperson for any purpose other
than the direct promotion of a specific piece of real estate.
(2)
A real estate broker who proposes to engage in sales of a
promotional
nature in this state of property located outside of
this
state, shall submit to the department a full description of
the
property and the proposed terms of sale, and the real estate
broker
and the real estate broker's real estate salespersons shall
comply
with rules, restrictions, and conditions pertaining to the
sale
as imposed by the department. An expense incurred by the
department
investigating the property and the proposed sale of the
property
in this state, shall be borne by the real estate broker. A
real
estate broker or real estate salesperson shall not refer to
the
corporation and securities commission of this state, or to an
officer
or employee of the commission, in selling, offering for
sale,
advertising, or otherwise promoting the sale, mortgage, or
lease
of property, or shall not make a representation that the
property
has been inspected or approved or otherwise passed upon by
the
department, or by a state official, department, or employee.