T
he National Association of Realtors is on the cusp of finalizing its $418 million settlement with the Department of Justice, but the agency's approval comes with a warning: be prepared for future scrutiny. The DOJ has filed a Statement of Interest in the landmark commissions case, urging NAR to clarify that its rule changes don't shield it from federal enforcement of antitrust violations.

    The DOJ is particularly concerned about buyer agent agreements, which brokers and buyers are signing before home tours under NAR's new rules. These agreements could potentially harm buyers and limit competition among buyer brokers, the agency warns. "This provision bears a close resemblance to prior restrictions that have been found to violate antitrust laws," the DOJ stated.

    While the statement doesn't take an official position on the settlement, it casts a shadow over the proceedings. The two sides remain locked in a dispute over the DOJ's five-year investigation into NAR's commission policies, which has seen starts and stops before a wave of antitrust cases emerged in various markets.