T
he US Department of Justice has submitted a Statement of Interest regarding the National Association of Realtors' (NAR) settlement with home sellers in the Sitzer/Burnett case. While not taking an official stance on the settlement's approval, the DOJ wants the court to clarify that the agreement won't shield NAR or other parties from future antitrust enforcement.

    The DOJ expressed concern over buyer agent agreements, which require written contracts before home tours. This provision may harm buyers and limit competition among brokers for clients, according to the filing. The agency notes that this resembles prior restrictions found to violate antitrust laws in other cases.

    To address these concerns, the DOJ suggests either eliminating the provision or clarifying that it doesn't grant immunity from antitrust investigations. Alternatively, the court could clarify that approval of the settlement won't preclude future investigations into buyer-agreement provisions.

    This warning about buyer agent agreements is significant, as they are widely used across the country since NAR's policy changes went into effect in August. Eliminating the provision could create confusion among agents about when to obtain written client agreements.