SEBAR Legal and MLS News Update

MICHIGAN REALTORS^® PRESENTS

Fair Housing Trends

Source: Brian Western & Becky Berk, Michigan REALTORS® (MR)

GREAT NEWS!

Michigan Realtors^®Scores Legal Victory

Highlighting the Value of Membership

Michigan Realtors® received great news from the United States District Court for the Eastern District of Michigan this past week. A lawsuit challenging the importance of the 3-way agreement and the benefits of Realtor® membership has been dismissed.

In granting our 12(b)(6) motion to dismiss, the Court found that the plaintiffs failed to state a claim upon which relief can be granted, meaning the plaintiffs did not plausibly establish a legal cause of action.

By way of background, the plaintiffs brought this case against NAR, Michigan Realtors®, Realcomp, and three local associations, challenging membership requirements for local associations, Michigan Realtors®, and the NAR. We are extremely pleased with the result, as it reinforces the value of Realtor® membership, the resources available to members, and all the important work that occurs on behalf of our members.

We will continue to monitor the Court’s docket to determine any next steps. As it stands, this is a great outcome that supports the shared mission of Michigan Realtors® and its local association partners – providing advocacy, unparalleled professional development opportunities, and protecting private rights in the state of Michigan.

Source: Michigan REALTORS® (MR)

SETTLEMENT AGREEMENT

NAR protects members in new settlement

A virtual high five to NAR’s new legal team: Late Friday, the National Association of REALTORS® announced that it had reached a settlement agreement in a class-action lawsuit brought by home buyers. NAR wasn’t named in the suit, but the association is delivering on its commitment to protect members and the industry from liability claims related to buyer-agent commissions. The agreement follows the dismissals of several antitrust case over the last nine months and helps ensure that NAR members can confidently go about the business of unlocking the American dream for future generations. - Stacy Moncrieff

Delivering on Strategic Plan commitments to secure legal protections for members, the National Association of REALTORS® on Friday announced a settlement in a homebuyer class-action lawsuit that, if approved by the court, would release members, state and local associations and more from liability.

Source: National Association of REALTORS® (NAR)

EARNEST MONEY DEPOSITS

Source: Becky Berk, Michigan REALTORS® (MR)

Southeastern Border Association of Realtors

April is Fair Housing Month, and our DEI/Fair Housing Committee is bringing the conversation to life in a powerful way 🎬

Introducing our Role Play Video Series designed to highlight real-life scenarios, spark meaningful conversations, and help you navigate fair housing situations with confidence and professionalism.

Each video offers practical insight, relatable moments, and important reminders about the role we all play in promoting equity in housing.

Take a few minutes to watch, learn, and reflect because Fair Housing isn’t just a policy, it’s a commitment we make every day.

Stay tuned throughout the month as we share each video!

DEI/Fair Housing Committee

Fair Housing Month Video Series - Part 1

Real life scenarios brought to you by the SEBAR DEI/Fair Housing Committee.

Watch Here!

DEI / Fair Housing Committee

Fair Housing Month Video Series - Part 2

Real life scenarios brought to you by the SEBAR DEI/Fair Housing Committee.

Watch Here!

DEI / Fair Housing Committee

Fair Housing Month Video Series - Part 2

Real life scenarios brought to you by the SEBAR DEI/Fair Housing Committee.

Watch Here!

Recently introduced House Bill 5725 seeks to clarify and protect an important exemption for Realtors® from the Michigan Consumer Protection Act. The exemption applies to conducting business within the scope of the real estate license and recognizes that as a licensed occupation, Realtors® are already subject to administrative oversight under the Michigan Department of Licensing and Regulatory Affairs.

The legislature included the exemption when it passed the Michigan Consumer Protection Act and courts have recognized it over many decades. However, this exemption is under attach both in court and legislatively with trial attorneys and

Michigan’s Attorney General seeking to eliminate it except in the narrowest of circumstances.

Michigan Realtors® is continuing our fight to preserve this exemption and to protect our industry from frivolous and nuisance lawsuits. The exemption further protects Realtors® from increased damages, attorney’s fees, and class actin suites. It is imperative that the regulatory compliance exemption remain in place.

HB 5725 is an important step in protecting our membership. The bill was introduced shortly before the legislature’s spring break. It is expected to receive a committee hearing when the House returns to session.

Source: Brad Ward, Esq. Michigan REALTORS® (MR)

Housing Momentum in D.C. & Why Fair Housing Still Matters

Learn about the housing bill targeting housing supply and affordability, plus NAR's efforts for Fair Housing Month and access expansion.

Source: National Association of REALTORS® (NAR)

Southeastern Border Association of REALTORS^®

SentriLock / SentriKey App Reminder

As a reminder, if you have a listing appointment that requires the SentriKey App, please be sure to log into your SentriKey App prior to your appointment to verify you have access.

Please note:

SentriKey Apps that have not been used for 6 months will inactivate.
If your SentriKey App does not allow you to log in, you will need to contact SEBAR to have your App reactivated.
Office hours for assistance: Monroe – Friday, 8:30 AM – 4:30 PM - Phone: 734-242-6866
During non-business hours, including weekends and holidays, will require the listing agents to assign a one-day passcode using the SentriConnect App.

Source: SEBAR / SEM MLS

FinCEN anti-money laundering rule struck down in court

A federal judge in Texas has vacated the Financial Crimes Enforcement Network’s (FinCEN) nationwide anti-money laundering rule requiring title insurance companies to report details of millions of residential real estate transactions.

U.S. District Judge Jeremy Kernodle of the Eastern District of Texas ruled that FinCEN exceeded its statutory authority with the rule, which took effect March 1.

The rule mandated reporting for any non-financed residential real estate transfer where ownership was held by an entity or trust — with no geographic or price threshold.

Full Story: Rules, Mandated Reporting..Read More