SEBAR Legal and MLS News Update

MICHIGAN REALTORS^® PRESENTS

Asking for a Friend

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Source: Michigan REALTORS® (MR)

Burnett v. National Association of Realtors

Dear members,

We are pleased the Eighth Circuit Court of Appeals has affirmed the lower court’s decision approving the settlement in the Sitzer-Burnett case, upholding our settlement

By way of background, Sitzer-Burnett was an antitrust class action lawsuit filed against NAR and several brokerage defendants that was resolved through a court-approved settlement in 2024. The settlement included practice changes that remain in effect today, as well as financial relief for the nationwide class.

Appeals of class-action settlements are a routine part of the legal process, and this outcome reinforces the validity of the settlement while providing greater certainty for the industry moving forward and keeping the practice changes in full effect.

NAR continues to believe the settlement and practice changes increase choice and transparency for both home buyers and sellers. Although the plaintiffs may still pursue further legal options, including petitioning the Supreme Court to hear an appeal, this decision allows NAR and the industry to stay focused on serving consumers and members while bringing this chapter of litigation to a close.

As always, if you receive any inquiries from the media, please share them with media@nar.realtor.

Thank you,

Jon Waclawski

Source: National Association Association of REALTORS® (NAR)

July 2026: Increasing Housing Supply and Realtor® Supported Legislation Signed into Law

Michigan Realtors® Public Policy Committee continues to focus on increasing housing supply this legislative session. While much of the talk has been focused on updating Michigan’s zoning through the Housing Readiness bills, on Tuesday, Governor Whitmer signed into law two important Realtor®-supported pieces of legislation to help housing inventory issues in Michigan.

The first package of bills creates a new Housing Opportunity Tax Credit. House Bills 5806-5807, and Senate Bill 966, create the new tax credit to operate alongside the current federal credit, aiding in the construction and preservation of affordable housing units. Michigan will join over 30 other states with similar credits, working through the Michigan State Housing Development Authority (MSHDA). The credit will help create or preserve 2,500 units annually by providing needed capital for projects that may otherwise not be able to move forward...Read More

By Brad Ward, Esq.

Michigan Realtors® Vice President of Public Policy & Legal Affairs

Why and How Condo Lending Rules Are Changing

Fannie Mae and Freddie Mac have eliminated limited reviews for condominium financing, raising concerns about transaction delays, but other rule changes—such as a waiver for smaller buildings and elimination of a maximum percentage of investor-owned units—should ease underwriting. Still, a new, higher reserve requirement for homeowners associations raises affordability concerns.

The New Rules

The changes made this spring implement lessons learned from several years with the post-Surfside rules. Rules that made sense in 2021 but didn’t improve safety are being relaxed, while other rules are being tightened. Specifically, the limited review, which allowed lenders to skip some documentation and checks, was eliminated. However, the GSEs will allow HOAs with 10 or fewer units a waiver from a full review, reducing the burden on small projects...Read More

HUD’s 2026 Guidance on Assistance Animals

HUD’s 2026 guidance narrows assistance animal protections under the Fair Housing Act. Learn what changed, ESA implications, and legal considerations.

Hud has changed its definition of assistance animals under the Fair Housing Act
Private litigants, state agencies, and courts are not bound by HUD's new definition.
Talk to your attorney or state fair housing agency before changing any policy of practice based on HUD's new guidance.

FAQs on HUD’s May 2026 Guidance on Assistance Animals

What is an assistance animal under the Fair Housing Act?

..Learn More Get the FAQs

Source: National Association Association of REALTORS® (NAR)

Leading Through Real Estate Innovation

In this episode, Inman CEO Tom Bohn joins NAR CMCO Bennett Richardson to discuss the evolving landscape of real estate. As the industry faces new challenges and opportunities, Tom shares his expert perspective on what it takes to lead with innovation and clarity in a shifting market.

Source: National Association Association of REALTORS® (NAR)

The Road to ROAD and No Recess for the Weary

The ROAD to Housing Act is now law—the baton now passes from NAR's lobbying team to its policy experts as the regulatory process begins.

Source: National Association of REALTORS® (NAR)

FROM THE MAILBAG

QUESTION OF THE WEEK

Each month, we are taking the most recently asked questions from From The Mailbag and putting them in E-News.

QUESTION: Do I have to present my seller-clients with additional offers once there is a binding purchase agreement in place?

ANSWER: This is one of those few areas where the law conflicts with the Code of Ethics. The Occupational Code says that you do not need to present additional offers unless you agreed to do so in the listing agreement. The Code of Ethics says you must present additional offers unless the seller has expressly waived that obligation. Most listing agreements in Michigan include language whereby the seller waives their right to receive additional offers after there is a binding purchase agreement in place. If your listing contract does not contain the language, then you should present all additional offers.

Watch more legal videos on the Michigan Realtors® YouTube Channel .

For more legal Q&A, visit mirealtors.com

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.

REALTOR® Learning & Development Center

Whether you're looking to fulfill your Michigan Continuing Education (CE) requirements, enhance your MLS expertise, you'll find a variety of educational opportunities designed to support your professional growth.