T
he National Association of Realtors (NAR) has suffered a setback in its bid to prevent the Justice Department from reopening an investigation into its policies. The Supreme Court declined to review an appeals court decision that allowed the DOJ to continue investigating NAR, leaving the lower court's judgment intact.

    This development is a blow for NAR, which had spent years trying to block further investigations. However, it will still be able to defend itself against antitrust claims in court if the DOJ decides to pursue litigation. Some experts believe the Supreme Court's denial may embolden the DOJ, while others think the agency will be limited in its efforts.

    NAR has been fighting the DOJ over an antitrust investigation that began in 2019 but was closed in 2020. The agency had argued that NAR's Clear Cooperation Policy restricts home-seller choices and precludes competition from new listing services. More recently, the DOJ suggested that sellers should be prohibited from offering compensation to buyer agents.

    A timeline of court activity shows that NAR has been fighting this battle for several years. Key dates include:

    * January 2023: A district court judge denied a DOJ request to reopen its investigation into NAR.

    * April 2024: The appeals court ruled in favor of the DOJ, allowing it to continue investigating NAR.

    * October 2024: NAR filed a writ of certiorari with the Supreme Court, asking for review of the appeals court decision.

    * January 2025: The Supreme Court denied NAR's writ of certiorari, allowing the appeals court ruling to stand.

    NAR remains committed to fighting for its members and consumers, despite this setback.