NAR to appeal DOJ case to the Supreme Court
The association will ask the highest court to weigh in on the case after a lower court ruled that the DOJ could continue its investigation into NAR policies.
The National Association of Realtors isn't giving up on its years-long fight with the U.S. Department of Justice. The organization has indicated that it now intends to take its case to the Supreme Court.
The latest move: In a joint status report filed August 29 in U.S. District Court in the District of Columbia, NAR noted that it will file a writ of certiorari — the formal process to request a review of a lower court's decision — by October 10.
This comes after the association's motion for a rehearing in the case was denied by the U.S. Court of Appeals on July 12, leaving an appeal to the Supreme Court as the only remaining option.
How we got here: The case dates back to 2019, when the DOJ opened an antitrust investigation into NAR's rules and policies. A settlement was reached in 2020, but the DOJ wanted to reopen the case a year later.
NAR has tried to prevent that from happening, but an appeals court ruled in April that the government could proceed with its investigation.
The arguments have come down to the wording of the agreement. It was stated in the settlement that the case was closed, and judges have been wrestling with whether that implies it could never be reopened.
This case is separate from Sitzer/Burnett and similar commissions-related lawsuits brought by home sellers, which NAR settled in March for $418 million in damages. The rule changes coming out of that agreement took effect Aug. 17, while a hearing to finalize the terms is scheduled for Nov. 26.
What NAR had to say: When asked to comment on the decision to appeal, a NAR spokesperson said "we are evaluating all remaining legal options and are committed to exploring all avenues to ensure the DOJ is held to the terms of our 2020 agreement."
Also in the status report: The DOJ said it agreed to "significantly narrow" the amount of documents it seeks, focusing on what they produced in the Moehrl and Sitzer/Burnett cases as well as documents about the Clear Cooperation Policy produced before July 6, 2021.
In return, NAR agreed to produce those documents.