Sec. 77.
(1) A person that offers or sells a continuing care agreement in violation of section 15 or 55 or an order issued under section 69 is liable to the person executing the continuing care agreement for all of the following:
(a) Damages.
(b) Repayment of all fees paid to the continuing care community or entity purporting to operate as a continuing care community under this act less, in the case of a continuing care community, the reasonable cost of continuing care provided by the continuing care community until discovery or until the violation should reasonably have been discovered.
(c) 6% interest on the amounts under subdivisions (a) and (b).
(d) Reasonable attorney fees.
(e) Court costs.
(2) A person may not file or maintain an action under this section if, before filing the action, the person received an offer of rescission approved by the department to refund the entrance fee together with interest at 6% per year from the date of purchase less the reasonable cost of continuing care provided until discovery, and the member failed to accept the offer within 30 days after its receipt. When a continuing care community makes written offer of rescission, the continuing care community shall file a copy with the department. The rescission offer shall recite the provisions of this section.
History: 2014, Act 448, Eff. Apr. 2, 2015
Structure Michigan Compiled Laws
Chapter 554 - Real and Personal Property
Act 448 of 2014 - Continuing Care Community Disclosure Act (554.901 - 554.993)
Section 554.901 - Short Title.
Section 554.903 - Definitions; a to C.
Section 554.905 - Definitions; D to L.
Section 554.907 - Definitions; M to O.
Section 554.909 - Definitions; P to R.
Section 554.911 - Definitions; S.
Section 554.921 - Incomplete Application; Notification; Order Approving or Denying Registration.
Section 554.923 - Effect of Order Approving or Filing Registration.
Section 554.925 - Renewal of Registration; Application Form to Be Sent by Department.
Section 554.929 - Extension of Registration; Requirements; Fees.
Section 554.933 - Reportable Changes; Amendment of Registration.
Section 554.937 - Disclosure Statement.
Section 554.939 - Continuing Care Agreement; Requirements.
Section 554.941 - Financial Statements; Requirements.
Section 554.943 - Financial Forecast.
Section 554.947 - Alternative Financial Arrangement.
Section 554.949 - Records; Reports.
Section 554.951 - Advertising or Marketing Communication.
Section 554.955 - Offer or Sale of Continuing Care Agreement; Prohibited Acts.
Section 554.957 - Appointment of Independent Conservator or Guardian.
Section 554.959 - Arbitration.
Section 554.961 - Service of Process; Irrevocable Consent Appointing Department.
Section 554.963 - Investigations.
Section 554.965 - Review and Audit of Documents and Records.
Section 554.967 - Repayment of Entrance Fee; Temporary Suspension.
Section 554.969 - Order Denying, Suspending, or Revoking Registration.
Section 554.971 - Cease and Desist Order.
Section 554.973 - Injunction, Restraining Order, or Writ of Mandamus.
Section 554.975 - Civil Fine; Costs; Sanctions; Continuing Care Agreement as Voidable; Refund.
Section 554.977 - Liability; Offer of Rescission.
Section 554.979 - Liability by Implication; Liability Under Other Statute or Common Law.
Section 554.983 - Statute of Limitations.
Section 554.987 - Promulgation of Rules.
Section 554.989 - Disclosure of Filings; Exemption; Confidentiality of Social Security Numbers.
Section 554.991 - Life Interest or Long-Term Lease Agreement Under Former Act.
Section 554.993 - Facility or Person Registered or Exempt Under Former Act.