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® CEO Norman Morris issued the following statement after SpaceX announced plans to invest $100 billion in a new launch facility in Vermilion Parish. The project is expected to create 3,000 direct jobs and more than 8,100 indirect jobs across Acadiana. “SpaceX’s investment is an extraordinary economic win for Louisiana. We congratulate Governor Jeff Landry, Louisiana Economic Development Secretary Susan Bourgeois, Vermilion Parish leaders, and everyone who helped bring this historic project home. The housing and infrastructure improvements needed to support more than 11,000 new job opportunities should generate a huge economic boost to the Acadiana and Gulf Coast region. According to the National Association of REALTORS®, each typical Louisiana home sale generates approximately $88,600 in economic activity. Even if only half of the new SpaceX related jobs lead to a home purchase, the impact would generate nearly half a billion dollars across our state's economy. That improves our tax base and school systems, and ripples through our economy touching builders, bankers, hardware stores, appliance dealers, contractors and so many more. “Housing is not downstream of economic development; it is an essential infrastructure. Louisiana REALTORS® and our partners stand ready to help turn these new jobs into homes, stronger communities and lasting roots in Louisiana. Economic development creates jobs, but housing turns those jobs into homes. Let’s make Louisiana home again, together.” Economic-impact estimates are illustrative calculations by Louisiana REALTORS® using employment projections from Louisiana Economic Development and the National Association of REALTORS®’ estimated economic impact per typical Louisiana home sale. They are not forecasts or recurring annual-impact figures. Enjoy the video below from the Louisiana Department of Economic Development .
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