The U.S. Department of Justice (DOJ) can reopen its investigation of the policies and practices of the National Association of REALTORS® (NAR) thanks to the U.S. Supreme Court’s decision to deny NAR’s request to review the decision of the U.S. Court of Appeals for the District of Columbia. 

Without explaining its decision, the Court decided not to hear NAR’s appeal of the April 2024 ruling by that appellate court.  

The DOJ originally opened a 2018 investigation into NAR’s participation rule, and in 2020 both organizations agreed to a settlement. In return for NAR improving its transparency about broker commissions, the DOJ would close its investigation. But in July 2021, the DOJ said it would reopen its investigation despite the settlement agreement, stating that it prevented regulators from monitoring practices that could harm buyers and sellers. NAR filed a petition in September 2021, asking that the DOJ’s investigation be changed or set aside. In January 2023, the terms of the settlement were upheld by U.S. District Court in NAR’s favor, but that decision was overturned in April 2024 resulting in the DOJ’s ability to reopen the investigation.