NAR Update on March 27, 2023

Hi all,

We have a litigation update for you. Today, the Department of Justice (DOJ) filed an appeal in an appellate court seeking to overturn the federal judge’s original decision from January ruling that the DOJ cannot go back on its previous agreement with NAR. This filing was expected and it could take up to two years before the litigation is fully resolved. Regardless of the DOJ’s appeal, we remain confident in our position and that we will ultimately prevail. As stated in the court’s original decision “…not setting aside the CID at issue would deprive NAR of the benefit for which it bargained: the closure of the Antitrust Division’s investigation into its Participation Rule and Clear Cooperation Policy. The government, like any party, must be held to the terms of its settlement agreements…”

As you know, we have a commitment to act in the best interests of home buyers and sellers across the country, and NAR remains dedicated to advancing independent, local real estate marketplaces that provide for greater economic opportunity and equity for small businesses and consumers of all backgrounds and financial means. 

We will keep you informed of any notable milestones, but in the meantime, I encourage you and your members to continue to refer to the Competition.Realtor website, which provides a comprehensive overview of how REALTORS® and local MLS broker marketplaces benefit consumers. In fact, we recently uploaded three new infographics. Additionally, we highly encourage the continued use of Buyer Representation Agreements in order to formalize a working relationship with clients and detailing what services consumers are entitled to and what the buyer broker expects from their client in return.

I also encourage you and your members to review a recent article from NAR’s 2021 President, Charlie Oppler, which provides a smart perspective on the situation with the DOJ.

Have a great week.

Lesley Muchow
NAR Deputy General Counsel & Vice President of Legal Affairs and Antitrust Compliance