They’ve been battling since 2020, and now NAR plans to sue the Department of Justice in the nation’s highest court to enforce the earlier settlement.
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Every week on “The Download,” Inman’s Christy Murdoch breaks down the week’s most-read stories to give you the information you need to tackle them head-on on Monday. This week, after fighting since 2020, the NAR plans to sue the Department of Justice to the highest court in the land to enforce a previous settlement.
Many of the legal battles that have been talked about and written about in recent years have focused on consumers, with consumer watchdog groups and, of course, buyers and sellers themselves at the center of debates about what is wrong with the way real estate agents do business.
But since the settlement with the National Association of Realtors, questions have arisen about what the Justice Department thinks about the way real estate agents do business and what reforms it plans to mandate.
In 2020, the Department of Justice simultaneously announced a lawsuit and settlement against NAR, focusing on rules that federal regulators deemed anticompetitive. The Department then reopened its investigation and retreated from the settlement in 2021.
Now, NAR said in court filings that it plans to file a petition for writ of certiorari with the Supreme Court by Oct. 10. This comes about a month and a half after NAR suffered a setback in the case when the appeals court denied the trade groups’ request for rehearing.
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With NAR’s struggles and the uncertainty for agents seemingly far from over, it is imperative that we continue to exercise extreme caution when it comes to trade associations and the way we do business. There is no doubt that the industry and its professional organizations are being watched, so act accordingly.
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