Appeals Court Rules Dept. Of Justice Can Reopen Investigation Into NAR

A federal appeals court ruled today that the Department of Justice can reopen an investigation into the National Association of Realtors, three years after the trade group settled related government antitrust claims. The move overturns a lower judge’s decision that said the DOJ  had closed a probe in November 2020.

The original decision describes the settlement deal as a quid pro quo, with the DOJ closing its investigation into two existing NAR policies in exchange for the trade group’s ending of four policies authorities deemed anti-competitive.

Judge Florence Pan wrote in the opinion: “As framed by the parties, the issue before us is narrow. DOJ argues only that the plain language of the closing letter does not bar it from reopening its investigation and issuing a new CID regarding the Participation Rule and the Clear Cooperation Policy. We agree.

“The fact that DOJ “closed its investigation” does not guarantee that the investigation would stay closed forever,” Pan continued.

NAR said it is “evaluating next steps.”