NAR D.C. Circuit Petition Update

Louisiana REALTORS® • July 15, 2024

Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer

I am writing to share an update regarding our ongoing dispute with the Department of Justice (DOJ) regarding its ability to reopen a previously closed investigation into NAR’s policies.


This dispute with the DOJ is separate from and does not affect NAR’s March 15 Settlement Agreement related to private class action litigation that, if approved, would resolve nationwide litigation over claims from home sellers related to broker commissions.

 

Friday, July 12, 2024, we received word that the United States Court of Appeals for the D.C. Circuit has denied our petition for rehearing. This is a disappointing outcome, and we maintain that its decision in this matter stands in opposition to years of precedent on the interpretation of government contracts and the bedrock principle that the government must honor its word.

 

You may recall we reached an agreement in 2020 to end an investigation into certain NAR policies—including the cooperative compensation rule and clear cooperation policy—provided that NAR implement four key rule changes. NAR began implementing the terms of the agreement in good faith. Eight months later the DOJ resumed that same investigation, violating our agreement. We subsequently asked the D.C. District Court to prohibit the DOJ from pursuing its investigation. While the D.C. District Court ruled in our favor, DOJ appealed that decision, and it was subsequently reversed by the D.C. Circuit in a 2-1 split decision.

 

In NAR’s petition filed on May 20, 2024, we outlined the far-reaching implication the D.C. Circuit court’s ruling could have, as it directly conflicts with precedent on these types of contractual issues. Anyone who finds themselves in a negotiation with the government could be impacted.

 

We are currently evaluating all remaining legal pathways that are available to us. We are committed to continuing to forcefully advocate for the interests of our members, home buyers, and home sellers and exploring all opportunities to hold the DOJ to the terms of our 2020 agreement. We will keep you informed as NAR Leadership decides on next steps. At the same time, NAR continues to focus on its mission to promote the value of REALTORS® and access to homeownership.


It is important to underscore that this dispute focuses only on DOJ’s ability to unilaterally withdraw from its 2020 settlement agreement with NAR, it does not address any of the Department’s claims about NAR policies or antitrust topics.


As always, if you have any questions, please don’t hesitate to reach out.

Constitutional Amendment Positions for November 3 Election

By Louisiana REALTORS® • October 9, 2026
Homeownership Is on Louisiana's November Ballot

Cookbook for the REALTORS® Relief Foundation On Sale Now!

By Louisiana REALTORS® • October 8, 2026
After months of gathering recipes from across our Louisiana REALTORS® family, the cookbook is ready! This 200+ page collection is filled with Louisiana flavor, REALTOR® heart and recipes contributed by our members. We launched sales of the cookbook at the Fall Governance Meetings. You can now purchase your copy for $30 directly from the printer and shipped to you! Additionally, we will have copies available at the RRF booth at NXT . After NXT, we will carry a limited stock at the LR office for you to purchase through the LR Merch Shop and pick-up from the office or at an LR event, as stock is available. Even better, $15 from every cookbook sold will be donated to the REALTORS® Relief Foundation (RRF) to help provide housing-related assistance to REALTORS® and their families following disasters. Pick up a copy for yourself, grab one as a gift and enjoy a taste of Louisiana while supporting a great cause!

Residential Appraisal Update: UAD 3.6 and the Temporary Policy Exception

By Louisiana REALTORS® • October 7, 2026
A major change to residential appraisal reporting is approaching, but a recently announced temporary policy exception is creating some confusion about what happens on November 2. Here is what REALTORS® need to know. Beginning November 2, 2026, Fannie Mae and Freddie Mac will require the new Uniform Appraisal Dataset (UAD) 3.6 for new appraisal reports initially submitted to the Uniform Collateral Data Portal (UCDP), unless the lender has received a temporary policy exception. The November 2 implementation date has not been postponed. What is the UAD 3.6 Appraisal Report? UAD 3.6 replaces the familiar legacy appraisal forms (used for the last 25 years) with a new, more data-driven appraisal report that collects much more detailed property information. For REALTORS® and consumers, the transition could mean a more detailed property inspection, additional questions about the property and transaction, and potentially longer appraisal and review times as appraisers, lenders, appraisal management companies, and other industry participants adjust to the new system. What changed? Fannie Mae and Freddie Mac recently announced a temporary policy exception for eligible lenders that need additional time to complete their transition to UAD 3.6. Lenders receiving the exception may continue submitting appraisals using the current legacy UAD 2.6 format through May 19, 2027 . Beginning May 20, 2027 , new appraisal submissions to Fannie Mae and Freddie Mac must use UAD 3.6. What does this mean for REALTORS®? For several months, REALTORS® may encounter both the current appraisal format and the new UAD 3.6 appraisal report. The appraisal format is determined by the lender's assignment requirements. REALTORS® and consumers do not need to determine which format should be used. It is also important to understand that an appraiser completing a legacy-format appraisal during this period should not automatically be assumed to be unprepared for UAD 3.6. An appraiser who is fully UAD 3.6 ready may still be instructed by a lender to complete an assignment using the legacy format. How can REALTORS® help? Good communication and accurate property information will become even more important. REALTORS® can help the appraisal process by providing accurate and specific information concerning: Recent renovations and improvements Property features and amenities Sales concessions and financing terms Known property conditions or unique characteristics Relevant information about the transaction Buyers should also be encouraged to discuss appraisal requirements and anticipated timelines with their lender early in the transaction. What about FHA, VA and USDA? The November 2 requirement discussed above applies to Fannie Mae and Freddie Mac conventional lending. FHA, VA and USDA have their own appraisal policies and implementation schedules. Their transition to UAD 3.6 should not be assumed to follow the same November 2 timeline unless announced by the respective agency. The Bottom Line November 2 remains an important date for UAD 3.6. The temporary exception does not cancel or postpone the transition. Instead, it allows eligible lenders additional time to complete their transition. As a result, REALTORS® should expect a period when both legacy and UAD 3.6 appraisal reports are being used. Louisiana REALTORS® will continue monitoring the transition and providing members with updates as additional guidance becomes available. Louisiana REALTORS® is also planning a follow-up webinar to discuss the latest UAD 3.6 developments, what REALTORS® are seeing in transactions, and what these changes mean for agents and their clients.
Show More