The National Association of Realtors (NAR) is appealing a court ruling that enabled the U.S. Department of Justice (DOJ) to reopen a probe of the organization’s Participation Rule and Clear Cooperation Policy that was resolved in a 2020 settlement.
In a filing with the U.S. Circuit Court of Appeals in Washington, D.C., NAR requested a rehearing in front of the original three-judge panel and the ability to present its case before all of the court’s judges.
The DOJ and NAR reached a settlement agreement in November 2020, but a 2-1 ruling by the court last month 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 to resolve the charges brought in the Sitzer/Burnett trial.
“The panel’s errors are far-reaching and exceptionally important. Every day, federal agencies resolve civil and criminal enforcement actions through agreements with private parties,” said the NAR filing. “It is a bedrock principle that the government must honor its word in those contracts, no matter who occupies the White House or leads the Antitrust Division.”
;
I AGREE. HOW CAN YOU AGREE AND THEN DISAGREE ON YOUR OWN PRIOR DECISION!!!!!
WHAT’S NEXT – DON’T WRITE CONTRACTS AT ALL?????????????
I think the DOJ wants to tear apart NAR and dismantle them. They fear NAR because we are the largest trade organization in the country and they don’t like that. It’s all about control for them and all of us:-(
I agree.
I agree with Tina. This criminal and fraudulent administration hates business and wants to control our every movement.
If an organization is not a Union, this administration wants to destroy them.
I think NAR should have fought and won the suit. The claim that the Seller was paying two Commissions was false. The Seller paid their Broker’s commission, and their Broker is free to spend his commission any way he wants to including in a way that he thinks will help his client the Seller or his company, including Advertising and other office expenses. The Selling/Listing Broker enhances the property being sold at the best price and terms by opening the exposure of the property to many more potential buyers by offering to pay a Buyer’s Broker a part of his commission.
Also, the suit’s claim that the commissions raise the price of residential real estate is false because the appraiser uses past sales comparisons to determine the current value of the property being sold.
I agree. The seller pays an agreed to commission to the listing broker. What the listing broker does or does not do with the funds of the commission is no ones business. Period. This idea that a third party can dictate how you can spend the proceeds a company generates is socialism! We are on a very slippery slope!
All of what you say may be true, but it doesn’t matter. First of all, the people making and enforcing the laws don’t necessarily understand how things work, and probably don’t care, because they are driven more by ideology and the government’s desire to increase government control. The jury that ruled in the original trial was likely chosen based on their lack of understanding of how all this works (to avoid any bias, don’t you know) and were confused by the prosecution to get the desired outcome. Unfortunately much of our legal system works this way now. So basing your case of facts and logic is crushed by feelings and ideology. (Think about it; we are suppossed to be judged by a “jury of our peers” which, when written, meant people of similar social standing so that juries wouldn’t rule based on class envy [something the various political prosecutions of Trump hope to use against him to manufacture a conviction]. In modern times, a jury of peers for an NAR trial should have been made up of Realtors, brokers, lenders, etc. who could understand the intracacies of how it all actually works.)
Bingo!!
Agree with Donald
It’s always incremental steps w globalists commie control & infiltration. The faction of our so called govt does care about the citizenry. Every institution, corporation & organization has been infiltrated- private property rights, owning a home is under attack. Lawfare is a favorite weapon of these commie globalists.
READ THIS! PUBLISHED 01/08/2024
Tracy Kasper, the president of the National Association of Realtors, on Monday said she was resigning after a blackmail threat.
Kasper’s predecessor as president, Kenny Parcell, resigned last summer after The New York Times published a story detailing claims he sexually harassed women he worked with.
NAR CEO Bob Goldberg resigned in November after a federal jury found the group and some residential real estate brokers liable for a conspiracy to artificially inflate brokers’ commissions from home sales.
THEN READ THIS: PUBLISHED 11/19/2020
The Department of Justice today filed a civil lawsuit against the National Association of REALTORS® (NAR) alleging that NAR established and enforced illegal restraints on the ways that REALTORS® compete.
The Antitrust Division simultaneously filed a proposed settlement that requires NAR to repeal and modify its rules to provide greater transparency to home buyers about the commissions of brokers representing home buyers (buyer brokers), cease misrepresenting that buyer broker services are free, eliminate rules that prohibit filtering multiple listing services (MLS) listings based on the level of buyer broker commissions, and change its rules and policy which limit access to lockboxes to only NAR-affiliated real estate brokers. If approved, the settlement will enhance competition in the real estate market, resulting in more choice and better service for consumers.
THIS IS WHERE IT ALL STARTED! WILL SOMEONE HELP FIGURE THIS OUT!
“It is a bedrock principle that the government must honor its word in those contracts, no matter who occupies the White House or leads the Antitrust Division.” Amen to this! November can’t come fast enough for me. I plan to let my voice be heard with my vote and tell this administration exactly what I think of their policies and decisions.
Oh, boy…looks like some folks need to turn the channel away from Newsmax for a few minutes and come up for some reality air. The NAR is simply hanging on for dear life in a rapidly changing industry that will make the Realtor a far less important role. They didn’t fight it because they know the same thing and had no real grounds to do so due to the few bad apples that have spoiled the NAR barrel. And, unless Trump has plans to institute a national effort to build more homes, this changes nothing.
Our system of free enterprise is changing to controled enterprize . Our founders sdopted the free enterprise system to give EVERONE a chance to be whatever they could imagine That is the reason our system has led the world in economics all these years. Thats also why everyone in the world are trying to come to the land of oportunity. We have allowed our government to much control over our lives. Someone needs to stand up and stop this errosion.
Briben is not the guy!
NAR sucks and so does their Clear Cooperation Rule. I wish I could just make up rules that eliminate any competition. Where is the other association realtors can join? Oh wait you have to be apart of NAR to have access to MLS… I hope DOJ dismantles them, should have happened years ago
This country is regressing in every way possible and it is so sad!!
Have been totally frustrated by all the recent false media. Buyers and sellers have the wrong opinion of what’s happening. They are confused.We are always available for our clients and deserve compensation for our efforts. Should we work for nothing.
NAR SOLD US OUT!! WHERE WERE THEIR WITNESSES TO TAKE THE STAND AND EXPLAIN EVERY COMMISSION THEY PAID WAS NEGOTIABLE!! I HAVE ALWAYS NEGOTIATED MY COMMISSION. SOME PAID 4%. SOME 5% AND SOME 6%. WHATEVER THE SELLER WANTED. THAT SETTLEMENT OPENED UP A CAN OF WORMS! NOW THE DOJ WANTS MORE! SUCH A SHAME.
How is NAR going to pay the 418-million-dollar settlement?
Give 1.4 million Realtors a $300.00 assessment?