The antitrust enforcer wants a higher court to overturn a ruling that limits its investigation into the Realtor trade group’s Participation Rule and Clear Cooperation Policy.
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The U.S. Department of Justice has filed an appeal seeking to overturn a lower court ruling in favor of the National Association of Realtors that limits the antitrust enforcer’s ability to investigate the trade group’s policies regarding buyer broker commissions and pocket listings.
The Jan. 25 ruling set aside the DOJ’s request for information from NAR on those policies and drew a variety of reactions from agents, brokers and other industry players, demonstrating divisions within the real estate industry over the two controversial rules. NAR has 1.5 million members nationwide.
On Friday, the DOJ formally appealed the ruling to the U.S. Court of Appeals for the District of Columbia Circuit. The agency’s filing did not contain other details on the appeal or say when the DOJ would submit its opening brief laying out its arguments against the ruling. Inman has reached out to the DOJ and will update this story if and when a response is received.
The rules at issue in this case are the subject of multiple antitrust lawsuits filed against NAR filed by private parties, some in which the DOJ has intervened. No matter what happens with the DOJ’s investigation, those lawsuits are ongoing.
Mantill Williams
In an emailed statement, NAR spokesperson Mantill Williams told Inman, “Regardless of the DOJ’s appeal, we remain confident in our position and that we will ultimately prevail. NAR has upheld our end of the agreement, and we simply expect the DOJ to do the same.”
“NAR guidance for local MLS broker marketplaces has long been recognized to promote fair, transparent and…