T
he National Association of Realtors (NAR) is preparing to challenge the Department of Justice (DOJ) in a legal battle at the Supreme Court. According to a recent court filing, NAR intends to submit a petition before October 10th in an attempt to block the DOJ's investigation into their practices. This move comes after a federal appeals court ruled in April that the DOJ could renew their investigation into NAR's policies regarding agent commissions, including the controversial Participation Rule.

    The feud between NAR and DOJ dates back to five years ago when the DOJ launched an investigation into some of NAR's policies around agent commissions. This investigation was at the center of a landmark $418 million settlement proposed in a class-action case brought by homebuyers. The settlement led to rule changes that went into effect in late August, causing uncertainty for agents and those in the housing market.

    Agents are now required to secure signed agreements with buyers before taking them on property tours as part of these changes instituted on August 17th. Furthermore, multiple listing services across the country have eliminated fields for offering compensation to a buyer's broker last month. These changes hint at the possibility of even more changes coming in the future, as the DOJ's involvement suggests a potential overhaul of alleged anticompetitive practices.

    Despite these changes, the DOJ has avoided weighing in on the landmark Sitzer/Burnett case. However, they have made some noise regarding proposed settlements in other cases, arguing against agreements that don't overhaul alleged anticompetitive practices. This move has raised concerns among agents and those in the housing market about potential future changes in the real estate industry.