I
ndustry insiders are weighing in on a last-minute filing by the Department of Justice (DOJ) that suggests the National Association of Realtors' (NAR) settlement may not shield it from future antitrust action. The DOJ's statement of interest, filed just 48 hours before NAR's final settlement hearing, raises concerns about new industry practices and mandatory buyer agreements.

    Industry experts are divided on the implications of the DOJ's move. Some view it as a last-minute distraction, while others see it as a serious threat to the real estate industry. University at Buffalo law professor Tanya Monestier notes that the DOJ's statement highlights issues with the NAR settlement, including the potential for antitrust concerns related to buyer agreements.

    NextHome CEO James Dwiggins believes the DOJ is "just posturing" and that the judge overseeing the Burnett/Sitzer case will approve the settlement regardless. Holly Mabery, SVP of brokerage operations for eXp Realty, advises agents to stay focused on their customers and not be swayed by the headlines.

    However, some industry leaders are more dire in their assessment. Longtime residential brokerage blogger Rob Hahn believes that the DOJ is coming for NAR and will stop at nothing until it's dismantled. Virginia real estate agent Melissa Savenko is furious with the DOJ's action, citing the massive amount of time, money, and effort already invested in retooling industry practices to comply with the settlement.

    The DOJ's statement raises questions about the future of the NAR settlement and its potential impact on the real estate industry. As the situation unfolds, industry insiders will be closely watching for further developments.