Court Denies NAR Petition for Rehearing in DOJ Case


In a July 12 ruling, the U.S. Court of Appeals for the District of Columbia Circuit in Washington, D.C., denied the National Association of REALTORS®’ (NAR) request for a rehearing in its dispute with the Department of Justice (DOJ).

NAR and DOJ had originally reached a settlement agreement requiring NAR to increase transparency regarding broker commissions and settle other issues.

A panel of three judges ruled in April that the DOJ could reopen its investigation, which the DOJ indicated it had closed in November 2020.

A recent meeting between NAR and the DOJ did not result in any substantive agreement. Earlier in June, the DOJ argued to an appeals court that the petition for a rehearing of the agency’s bid to reopen its investigation into the association is “not warranted.”

An NAR spokesperson emailed this reply to RISMedia when asked for comment:

“This ruling stands in opposition to years of precedent on the interpretation of government contracts and the bedrock principle that the government must honor its word. We are evaluating all remaining legal options and are committed to exploring all avenues to ensure the DOJ is held to the terms of our 2020 agreement.”

This is a continuing story that will be updated.





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