New Petition Seeking Rehearing in DOJ Dispute

Louisiana REALTORS® • May 21, 2024

Update from Katie Johnson, NAR Chief Legal Officer and Chief Member Experience Officer

I am writing to share an important update regarding our ongoing dispute with the Department of Justice (DOJ). 


Please note that the following update is unrelated to the private class action litigation in which NAR is a defendant and NAR's recent Settlement Agreement that, if approved, would resolve nationwide litigation over claims from home sellers related to broker commissions.


On May 20, 2024, NAR petitioned the United States Court of Appeals for the D.C. Circuit for a rehearing, challenging its ruling that would allow DOJ to reopen a previously closed investigation into NAR's policies. You may recall we reached an agreement in 2020 to end an investigation into certain NAR policies-including the cooperative compensation rule and clear cooperation policy-provided that NAR modify four of its policies. NAR fully complied with that agreement.


Eight months later the DOJ resumed that same investigation, violating our agreement. We subsequently asked the DC District Court to prohibit the DOJ from pursuing its investigation. While the D.C. District Court ruled in our favor, DOJ appealed that decision, and it was subsequently reversed by the D.C. Circuit. This leads us to our challenge today.


It is important to underscore that this dispute focuses only on DOJ's ability to unilaterally withdraw from its settlement agreement with NAR, it does not address any of the Department's claims about NAR policies or antitrust topics. We believe this is a highly consequential government-contract-interpretation case and the impacts are far reaching. We are pursuing a rehearing as a step to continue to forcefully advocate for the interests of our members and underscore the flaws in the D.C. Circuit Court panel's split ruling.


REALTOR® Magazine has written up the petition where you can find additional information. I've also attached a copy of our petition to this post.


As always, if you have any questions, please don't hesitate to reach out.


By Louisiana REALTORS® • October 23, 2026
Association emphasizes lower monthly expenses, more housing options and practical relief for Louisiana families.
By Louisiana REALTORS® • October 9, 2026
Want Your Teen to Own a Home Someday? Start Talking Money Now Teens may not be thinking about mortgage rates or down payments just yet, but the money habits they’re building now can follow them for years. And 88% of teens surveyed by Fannie Mae and Junior Achievement said they want to own a home someday. This week’s Consumer Guide: Talk to Your Teens About Money and Homeownership makes those conversations a little easier, covering everything from credit scores and budgeting to debt, renting versus owning and saving for that eventual down payment. So yes, you may have to interrupt the doomscrolling. But helping teens get smarter about money today could put them in a much better position to get the keys to a home of their own down the road. Download all of NAR’s Consumer Guides in English or Spanish at facts.realtor. For ease of reference, below is a list of the most recent guides: NEW: Teen Financial Literacy Fraud Red Flags Helping Family Members Become Homeowners Prepare Your Home for Hurricane Season Condominium Insurance Thank you for your continued engagement with the “Consumer Guide” series and for sharing the resources with prospective clients to ensure they have the information they need to find success in their home buying or selling journey. Remember that these guides are for informational purposes only and are not meant to enact or change any existing NAR policy. The next Consumer Guide, scheduled for publication on Oct. 21, will cover winter cold and storm preparedness.
By Louisiana REALTORS® • October 9, 2026
Homeownership Is on Louisiana's November Ballot
Show More