T
he Supreme Court has declined to review an appellate court's decision allowing the Department of Justice to continue its antitrust investigation into the National Association of REALTORS (NAR). The U.S. Court of Appeals for the D.C. Circuit had previously ruled that the DOJ could reopen its probe despite a 2020 settlement agreement to close it. NAR had petitioned the Supreme Court, seeking review and accountability from the Justice Department in honoring its agreements.

    The denial was not unexpected, as the Supreme Court grants only about 1% of the petitions it receives each term. The association says at least four justices must vote to accept a case. With this decision, the appeals process is closed, and NAR has exhausted all avenues to fight for its members' interests.

    NAR President Kevin Sears notes that the U.S. Court of Appeals for the D.C. Circuit's decision will stand, allowing the DOJ investigation to proceed without being bound by the 2020 settlement agreement. The association continues to engage with the Justice Department and is prioritizing this issue, along with its ongoing evaluation of the Clear Cooperation Policy.