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New Petition Seeking Rehearing in DOJ Dispute

Louisiana REALTORS® • May 21, 2024

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

I am writing to share an important update regarding our ongoing dispute with the Department of Justice (DOJ). 


Please note that the following update is unrelated to the private class action litigation in which NAR is a defendant and NAR's recent Settlement Agreement that, if approved, would resolve nationwide litigation over claims from home sellers related to broker commissions.


On May 20, 2024, NAR petitioned the United States Court of Appeals for the D.C. Circuit for a rehearing, challenging its ruling that would allow DOJ to reopen a previously closed investigation into NAR's policies. 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 modify four of its policies. NAR fully complied with that agreement.


Eight months later the DOJ resumed that same investigation, violating our agreement. We subsequently asked the DC 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. This leads us to our challenge today.


It is important to underscore that this dispute focuses only on DOJ's ability to unilaterally withdraw from its settlement agreement with NAR, it does not address any of the Department's claims about NAR policies or antitrust topics. We believe this is a highly consequential government-contract-interpretation case and the impacts are far reaching. We are pursuing a rehearing as a step to continue to forcefully advocate for the interests of our members and underscore the flaws in the D.C. Circuit Court panel's split ruling.


REALTOR® Magazine has written up the petition where you can find additional information. I've also attached a copy of our petition to this post.


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

Consumer Guide Update: Homeowners Associations

By Louisiana REALTORS® • March 21, 2025
As previewed last week, NAR is pleased to share the latest consumer guide focused on homeowners associations (HOAs). This guide covers the basics of what prospective buyers need to know, including who runs HOAs, how monthly fees are applied, rules HOAs enforce, and the pros and cons of living in an HOA community. For additional information, we encourage you to check out this REALTOR® Magazine article on the nuances of how homeowners associations can affect real estate transactions. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Homeowners Associations Marketing Your Home Seller Disclosures Property Taxes Preparing for Homeownership Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their homebuying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for next week’s guide on Wednesday, which will cover navigating multiple offers.
Louisiana Real Estate Legislation Advocacy: How REALTORS® Can Make a Difference

Louisiana Real Estate Legislation Advocacy: How REALTORS® Can Make a Difference

By Louisiana REALTORS® • March 17, 2025
Discover how REALTORS® play a key role in legislative advocacy, ensuring that real estate rules and regulations protect brokers, clients, and the market. Learn about the benefits and opportunities they provide.

Consumer Guide Update: Marketing Your Home

By Louisiana REALTORS® • March 14, 2025
As previewed last week, NAR is pleased to share the latest consumer guide focused on marketing a home. This guide covers several methods for sellers to consider, including setting up showings, hosting open houses, and maximizing the visual appeal of a home through staging and/or cosmetic updates. As a reminder, all guides in this series are available for download—in both English and Spanish—on facts.realtor . Please allow a few days for the Spanish version of the latest resource to be translated and uploaded. For ease of reference, below is a list of the most recent guides: NEW: Marketing Your Home Seller Disclosures Property Taxes Preparing for Homeownership Escrow and Earnest Money Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their homebuying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. Be on the lookout for next week’s guide on Wednesday, which will cover homeowners associations.
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