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The U.S. Circuit Court of Appeals in D.C. has ruled in favor of the Department of Justice (DOJ), allowing it to reopen its investigation into the National Association of Realtors (NAR). The decision follows a dispute over whether a settlement agreement reached in November 2020 between the DOJ and NAR barred the DOJ from further investigation into NAR's Participation Rule and Clear Cooperation Policy. Judge Pan, writing the opinion, emphasized that the DOJ's closing letter did not explicitly prevent reopening the investigation, and a dissenting opinion by Judge Walker argued that the context of the agreement suggested otherwise.
This ruling comes after a series of legal battles between the DOJ and NAR, including the withdrawal of a settlement agreement by the DOJ in July 2021 under new leadership in the Biden administration. NAR had filed a petition to set aside or modify the DOJ's probes, which was initially ruled in its favor by Judge Timothy Kelly. The ongoing legal saga also involves other commission lawsuits and antitrust concerns within the real estate industry. NAR now has the option to appeal the appellate court's decision to the Supreme Court, while it remains uncertain whether the DOJ will proceed with the reopened investigation.
April 5, 2024
