T
he National Association of Realtors and the Department of Justice have been locked in a dispute over whether an antitrust investigation into NAR can be reopened, despite a 2020 settlement. The DOJ maintains it has the right to revive the probe, citing its long-standing policy against making promises not to pursue future antitrust cases. This stance was reiterated in a Supreme Court filing on December 10, in response to NAR's request for review of a lower court decision.

    The investigation into NAR's policies, including Clear Cooperation and the Participation Rule, began in 2019. The DOJ sought to reopen the case in 2021, prompting NAR to push back. An appeals court sided with the government in April, leading NAR to file an appeal with the Supreme Court in August. The association argued it was committed to ensuring the DOJ adhered to their 2020 agreement.

    The DOJ claims it never made any promises not to pursue antitrust issues against NAR again, describing such a commitment as "a nonstarter" that would violate its policies. The settlement agreement states the case was closed, but whether this means it can never be reopened is now up for interpretation by the Supreme Court judges.