The nation’s highest court decided not to review an appellate court’s decision to allow the Department of Justice to resume its antitrust investigation into NAR.
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The Supreme Court on Monday denied the National Association of REALTORS®’ request to review an appellate court’s decision allowing the Department of Justice’s antitrust investigation into NAR to continue.

The U.S. Court of Appeals for the D.C. Circuit previously ruled that the DOJ could reopen its investigation despite a 2020 settlement in which the DOJ agreed to close the probe. In October, NAR filed a petition with the Supreme Court, asking the Court to review the lower court decision and hold the Justice Department accountable when it comes to honoring the terms of its agreements.  

The Supreme Court grants few petitions—only about 1% of the 7,000 to 8,000 it receives each term—so a denial of NAR’s petition was always a plausible outcome, the association says. At least four justices must vote to accept a case.

“This ends the appeals process, as NAR has exhausted every available opportunity to fight for the interests of our members in our effort to hold the government accountable in honoring its agreements,” NAR President Kevin Sears says. “In light of the Supreme Court’s decision not to accept the case, the U.S. Court of Appeals for the D.C. Circuit’s decision will stand, and the DOJ will not be bound to the terms of the 2020 settlement agreement. DOJ’s investigation will proceed.”

Meanwhile, the association continues to engage with the Justice Department.  

“This remains a priority for the NAR leadership team, along with NAR’s ongoing evaluation of the Clear Cooperation Policy,” Sears says.

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