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The National Association of Realtors will attempt to take its yearslong battle with the Department of Justice to the Supreme Court.
NAR said in a filing this week that it will submit a formal request to have its case heard in the high court by Oct. 10, Real Estate News reported. The move comes after an appeals court denied a motion to rehear the case in July.
The July 12 ruling in the U.S. Court of Appeals for the D.C. Circuit meant the DOJ could reopen its investigation into the trade group.
The legal fight hinges on a 2020 settlement between the two parties that ended the DOJ’s investigations into the association’s policies around listings and agent compensation, HousingWire reported. The settlement ended longtime rules around broker fees.
In July 2021, the DOJ withdrew the settlement.
“NAR was blindsided by and unsure of the rationale behind the DOJ’s decision to withdraw from our negotiated agreement,” NAR told HousingWire in a statement at the time.
This NAR-DOJ settlement is separate from a $418M settlement that NAR reached to end lawsuits brought by home sellers over commissions. While critically impacting the residential world, the settlement isn’t expected to have such a deep impact on commercial real estate.
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