SEBAR Legal and MLS News Update

Southeastern Border Association of REALTORS^®

Your safety matters. Every showing. Every client. Every time.

As REALTORS®, we spend our days meeting people we may have never met before, entering unfamiliar properties, hosting open houses, and sometimes working alone.

September is the perfect time to STOP 🛑 • THINK 💭 • PLAN 📋 for your safety

FOREWARN is a valuable safety tool designed to help REALTORS® protect themselves and their clients.

If you haven’t already, be sure to activate your

FREE SEBAR member benefit — FOREWARN.

Don’t miss out on this FREE member benefit!

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The case centers on access to a REALTOR® association-owned multiple listing service.

A panel of appellate judges agreed with a lower court’s decision to throw out a federal antitrust case against the National Association of REALTORS® and others.

Texas real estate broker Luz De Amor Eytalis sued NAR, the Texas Association of REALTORS® and the Wichita Falls Association of REALTORS®, as well as Paragon MLS Connect. Eytalis claimed the defendants violated federal antitrust and Texas state laws regarding breach of contract and unjust enrichment by requiring membership to participate in the multiple listing service provided by the Wichita Falls Association of REALTORS®.

Appellate Court Rules in NAR's Favor, Affirms Eytalis Dismissal

Last July, a U.S. District Court judge dismissed the federal claims with prejudice and declined to exercise jurisdiction over the state claims, dismissing them without prejudice.

Judges for the U.S. Court of Appeals for the Fifth Circuit found that the plaintiff failed to sufficiently allege an antitrust injury; that the district court did not err when it used its discretion to dismiss state claims; nor when it overruled the plaintiff’s objections to the magistrate judge’s findings and conclusions, because it had conducted its own review of the contested portions of those findings and rulings.

“We are pleased that the court dismissed the appeal in the Eytalis case, leaving in place the district court’s dismissal of the federal antitrust claims with prejudice and rejection of the allegation that NAR’s three-way agreement violates antitrust law," an NAR spokesperson said. "NAR membership is voluntary, and the integrated structure connecting local, state and national associations remains lawful and essential to the value we provide our members.”

Source: National Association Association of REALTORS® (NAR)

Existing-Home Sales

Existing-home sales decreased by 2.0% in August 2026. Month over month sales held steady in the West and declined in the Northeast, Midwest and South. Year over year sales were unchanged in the South and declined in the Northeast, Midwest and West.

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Source: Lawrence Yun, Chief Economist, NAR

Michigan Realtors® Advocacy Results in Five New Public Acts

At a time when divided government is resulting in the fewest bills signed into law in history, Michigan Realtors® continues to succeed in turning Realtor®-backed legislation into Public Acts.

In the past month, Michigan Realtors® has secured 5 new Public Acts to support our industry.

In the last Policy Matters, we discussed Public Acts 21 and 28, funding of Michigan Realtors® CE Marketplace for the 2026-2027 fiscal year and amending the state construction code to allow for single staircases in apartments up to 4 stories. In addition, Governor Whitmer also signed into law legislation to help build more housing and protect vulnerable property owners.

Public Act 30 of 2026 represents a series of bills to create a new Housing Opportunity Tax Credit through MSHDA to build new affordable rental housing. This powerful new tool will allow Michigan to leverage the Federal Low-Income Housing Tax Credit and private investment to build and preserve affordable housing in Michigan. In addition, 30% of the new credit will be earmarked for qualifying rural housing.

Public Act 68 provides protections in guardianship arrangement by requiring a real estate appraisal for any transfer of property by a guardian. The appraisal will allow a judge to make sure that the protected person is getting fair value when a guardian sells or transfers their property. The bills are in response to situations where guardians were taking advantage of the relationship, usually for personal gain.

Lastly, Public Act 79 continues a valuable program to help homeowners prevent property tax foreclosure. The bill extends existing law to allow a local tax foreclosing unit to enter into repayment and installment agreements with homeowners that have fallen behind on their property tax payments. In addition, the act gives the local government the ability to waive penalties and interest on the back taxes, allowing the party to catch up and provide them the opportunity to keep their home.

By Brad Ward, Esq.

Michigan Realtors® Vice President of Public Policy & Legal Affairs

Most real estate transactions occur safely, but there’s a growing need to keep an eye out for fraud. Increasingly sophisticated scams, including use of AI to impersonate people, can occur at any stage of a transaction and often aren’t immediately obvious. If something occurs that doesn’t seem quite right, this resource will help you understand the potential risks and take appropriate action.

Red flag: Someone offers to sell or lease you a property outside of a regular channel, such as the multiple listing service, and wants to complete the transaction online rather than in person.

What it could mean: A fraudster may be posing as the property owner to steal proceeds from “selling” or “leasing” a property they do not own.

What to do: An agent who is a REALTOR® can help you determine whether the person’s property ownership information matches public records.

..Learn More Get the FAQs

Source: National Association Association of REALTORS® (NAR)

Can AI Make Real Estate Safer? The Future of Agent Safety

Bennett Richardson sits down with Niall Phelan, founder of Agent Buddi, to discuss why agent safety deserves more attention across the industry and how AI could help agents stay protected while improving client service.

Source: National Association Association of REALTORS® (NAR)

How States Can Turn NAR Advocacy Investment Into Impact

Over half of NAR’s advocacy dues are invested back into state and local associations. This episode breaks down how associations can get the most from NAR’s advocacy resources.

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: My seller indicated on the Seller’s Disclosure Statement that there were no known underground storage tanks on his property (i.e., he checked “no” rather than “unknown” when answering this question). The buyer has discovered that there is in fact an underground storage tank and is demanding that the seller pay for the removal. Is my seller responsible?

ANSWER: No. The Seller Disclosure Act expressly provides that a seller is not responsible for innocent mistakes made when filling out the Seller’s Disclosure Statement form. If, however, the buyer can prove that the seller did, in fact, have actual knowledge about the underground storage tanks at the time of filling out the form, then that may change the analysis

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.