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.

By Louisiana REALTORS® August 25, 2026
Louisiana REALTORS® welcomes SpaceX’s announcement of a more than $100 billion investment to build its largest launch facility in Vermilion Parish, recognizing the historic project as an opportunity to create thousands of jobs while generating significant demand for housing, construction, infrastructure and commercial development across the Acadiana area and Louisiana. According to Louisiana Economic Development, the SpaceX project is expected to create more than 3,000 direct new jobs over the next 10 years, with an average annual salary of $92,600, as well as more than 8,100 indirect jobs. The project is also expected to generate 34,516 construction jobs at peak construction. For Louisiana REALTORS®, the significance of the investment extends beyond the jobs created at the SpaceX campus. Major economic development projects bring new workers, families and businesses to Louisiana, creating demand for homes, rental housing, commercial properties and the infrastructure necessary to support growing communities. “An investment of this magnitude creates opportunities that reach far beyond the project itself,” said Norman Morris, Chief Executive Officer for Louisiana REALTORS®. “Thousands of new jobs mean more families looking for places to live, more businesses needing space and more construction activity to support that growth. Louisiana REALTORS® welcomes this investment because a strong economy and a strong housing market go hand in hand.” The planned SpaceX campus is expected to become the largest spaceport in the world, with capacity to support thousands of launches annually. At full buildout, the site is expected to include five launch complexes with two launch pads each, propellant facilities, power generation, vehicle processing and residential housing for employees and their families. Construction is expected to begin in 2027, with initial operations targeted for 2030. The construction component alone represents a significant opportunity for Louisiana's workforce and businesses. LED estimates that the project could support more than 34,000 construction jobs at peak construction, while SpaceX has joined Source Louisiana to provide Louisiana suppliers, contractors and service providers with a pathway to compete for project-related opportunities. “Louisiana has an opportunity to make sure this historic investment translates into lasting opportunities for Louisiana families and businesses,” Morris said. “That includes having enough housing available for the people coming to work here and creating an environment where builders, developers, contractors and real estate professionals can help meet the needs of growing communities.” Louisiana REALTORS® supports continued efforts to prepare Louisiana communities for the growth associated with major economic development investments. Ensuring adequate housing supply, encouraging responsible construction and development and maintaining infrastructure are essential to making Louisiana an attractive place for businesses, workers and families. SpaceX’s investment adds to a historic period of economic development in Louisiana and further establishes the state as a destination for advanced industries, manufacturing, technology and aerospace. LED describes the project as positioning Louisiana as a global hub for next-generation aerospace and a new center of private spaceflight activity. “Louisiana REALTORS® is excited to see what this investment can mean for the future of our state,” Morris said. “When Louisiana wins major economic development projects, our communities have the opportunity to grow with them. We want to see that growth supported by quality housing, strong communities and opportunities for Louisiana businesses.” Louisiana REALTORS® welcomes SpaceX to Louisiana and looks forward to the opportunities this transformational investment can create for Vermilion Parish, Acadiana and communities across the state. Enjoy the video below from the Louisiana Department of Economic Development .
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