In Hartman & Eichhorn Bldg Co, Inc v Dailey, 478 Mich 891, 732 NW2d 108 (2007), the firm represented the Michigan Association of REALTORS® and the Michigan Association of Home Builders in both the Court of Appeals and Supreme Court in support of a licensed residential builder’s claim that it is regulated by state licensing and accordingly not subject to the Michigan Consumer Protection Act (the MCPA).  Although the Court of Appeals was persuaded that the argument was correct, it held that it was bound by Court of Appeals precedent to hold that the home builder was subject to the MCPA.  The Supreme Court overruled that precedent and held that home builders are exempt from the MCPA.

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