The National Association of Realtors (NAR) received a new legal headache as the U.S. Circuit Court of Appeals in Washington, D.C., ruled the U.S. Department of Justice (DOJ) can reopen its investigation into the trade group’s Participation Rule and Clear Cooperation Policy.
The DOJ and NAR reached a settlement agreement in November 2020, but the 2-1 ruling by the court determined the agreement did not prohibit the DOJ from reopening the probe into the Participation Rule and Clear Cooperation Policy, which requires sellers’ agents to provide a blanket offer of compensation to buyer brokers in order to show a home featured on a multiple listing service. Changes to the commission structure were part of NAR’s $418 million settlement announced last month to resolve the charges brought in the Sitzer/Burnett trial.
Judge Florence Pan, a Biden appointee, in a 21-page opinion, wrote, “We will not interpret a contract to cede a sovereign right of the United States unless the government waives that right unmistakably. The closing letter contains no ‘unmistakable term’ ceding DOJ’s power to reopen its investigation: To the contrary, it includes a ‘no inference clause’ that explicitly disclaims any intent to include unstated terms.”
In his dissenting opinion, Judge Justin Walker warned, “After today, behind the facade of its promise to close an investigation, the government can lure a party into the false comfort of a settlement agreement, take what it can get, and then reopen the investigation seconds later.”
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There are some capitalist haters in the current administration.
When the Government operates this way, it adds to our discontents and distrust. Justice Justin Walker has the right opinion.
The Justice Department is poisoning the well from which it’s own members will have to drink. All members of the NAR must clearly see their assured bleak futures, unless we act in our best interests as of November 7th (if not before).
And you really thing the Trump admin will save you? Consider his approach to govt and his attitude toward having a free and fair election. His focus on having an autocratic doctrinaire government is not in NARs best interest. Better to work with the DOJ in shaping the details and working parts of the settlement.
Our government, justice system and federal 3 letter offices are all corrupt except for a few. The Democrats have poisoned our country with hatred and lies. Hope you are not a part of it????
This is what happens when an administration politicizes the justice and judicial departments of our country. One post here says it’s better than having Trump in office. It’s not about Trump. The politicized DOJ is coming after us, Trump is just in the way. This is merely more evidence.