Since 2020, a legal battle has been ongoing, and now the National Association of Realtors (NAR) is gearing up to take the Department of Justice to the highest court in the nation to enforce a prior settlement.
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On The Download, Inman’s Christy Murdock delves deeper into the top-read stories of the week to equip you for the week ahead. This week’s highlight: The ongoing legal battle between NAR and the Department of Justice that dates back to 2020.
The focus of much of the recent legal discussions has been on consumer advocacy, with consumer watchdog groups, as well as buyers and sellers, at the forefront of conversations about the real estate industry’s practices.
However, looming over these discussions since NAR’s settlement is the question of the Department of Justice’s stance on Realtors’ business practices and potential mandated changes.
In 2020, the DOJ filed a lawsuit against and settled with NAR simultaneously, targeting rules deemed anticompetitive by federal officials. Subsequently, in 2021, the DOJ reinitiated its investigation and withdrew from the settlement.
Now, as per a court filing, NAR intends to submit a petition for a writ of certiorari — a Supreme Court case review request — by Oct. 10. This follows a recent setback for NAR in the case, as an appeals court denied the trade group’s rehearing request about a month and a half ago.
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With NAR’s challenges and agent uncertainties far from over, it is crucial to be mindful of your dealings with the trade group and your business practices. The real estate industry and its professional organizations are under scrutiny, so proceed accordingly.
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