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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: Preparing for Homeownership

By Louisiana REALTORS® • February 19, 2025
As previewed last week, NAR is pleased to share the latest consumer guide focused on preparing for homeownership. This guide covers what prospective buyers should consider as they kick off the home purchase process, including the importance of credit scores, mortgage pre-approval, down payments, budgeting, and educational resources. 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: Preparing for Homeownership Escrow and Earnest Money Pricing Your Home Preparing to Sell Your Home Fire Damage and Policy Coverage Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with potential clients to ensure they have the information they need to be successful 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 property taxes.

Consumer Guide Update: Escrow and Earnest Money

By Louisiana REALTORS® • February 14, 2025
As previewed last week, NAR is pleased to share the latest consumer guide focused on escrow. This guide covers what homebuyers should know about earnest money deposits, including the general terms and use cases in 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: Escrow and Earnest Money Pricing Your Home Preparing to Sell Your Home Fire Damage and Policy Coverage Flood Insurance 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 preparing prospective buyers for homeownership.

2026 LR Officer Elections, RVPs & NAR Director Applications

By Louisiana REALTORS® • February 12, 2025
The Louisiana REALTORS® Board of Directors will conduct several elections this Spring. Interested candidates that meet the qualification who are looking to serve at either the state association level or the national association level are encouraged to view the criteria and submit an application. An application that is not submitted on the appropriate form or not submitted pursuant to the instructions shall not be considered as submitted timely.
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