Supreme Court Allows DOJ Antitrust Probe of Realtors

The U.S. Supreme Court has declined to hear an appeal from the National Association of Realtors (NAR), allowing the Department of Justice (DOJ) to resume its antitrust investigation into NAR's policies regarding broker commissions. The Supreme Court's decision maintains a lower court ruling that permits the DOJ to investigate, despite NAR's argument that a 2020 settlement with the Trump administration should protect it from further scrutiny. The Biden administration had withdrawn from the settlement in 2021 to pursue a broader investigation into NAR's practices. The NAR has expressed its commitment to defending its interests and those of its members, despite the legal setbacks. This investigation follows a separate $418 million class action settlement NAR reached with private plaintiffs over commission rules that allegedly violated antitrust laws. The ruling signifies a significant challenge for the real estate trade group as it navigates ongoing legal pressures.