T
he National Association of Realtors' (NAR) efforts to block the Department of Justice's (DOJ) investigation into its practices appear to be at an end. The Supreme Court has declined to hear NAR's appeal, allowing a previous appeals court ruling to stand. In April, a federal appeals court reversed a decision that had blocked the DOJ from investigating NAR's policies on agent commissions.

    The investigation centers around NAR's Participation Rule and its potential impact on competition in the real estate industry. The trade group had previously reached a settlement with the DOJ during the Trump administration, but the deal fell apart when Joe Biden took office. Since then, the DOJ has expressed interest in reopening the investigation, citing the possibility of future antitrust litigation.

    In recent months, the DOJ has made its intentions clear, filing a statement that suggested the resolution of a landmark commissions case does not preclude further action. The agency also pointed to the rollout of buyer's agreements as a potentially harmful practice that could stifle competition. NAR remains committed to fighting for its members' interests and consumers they serve, but it appears the trade group will have to do so without Supreme Court backing.