The National Association of Realtors (NAR) filed a petition in the U.S. District Court for the District of Columbia to push back on the Department of Justice’s (DOJ’s) reneging on their existing antitrust settlement agreement reached in November 2020.
In a statement NAR notes that the DOJ began attempting to “withdraw from that fully binding agreement in July 2021, after NAR had already begun to implement its term,” adding that this is “a breach of the agreement and the law.”
It is uncommon for the federal government to reach a settlement then go back on that agreement, which is why this stands out.
The Petition’s first line summarizes the scenario aptly: “The National Association of REALTORS® brings this petition to quash a Civil Investigative Demand (CID) issued by the Antitrust Division of the United States Department of Justice because it violates a binding settlement negotiated and agreed-to by the last Senate-confirmed head of the Antitrust Division.”
“The DOJ action should be considered null and invalid based on legal precedent alone,” said NAR President Charlie Oppler. “The DOJ must be governed by principle, and NAR simply expects the department to live up to its commitments.”
Oppler points to this case as damaging in the long-term for the federal government, as American’s trust and confidence would be eroded. If the DOJ can reconsider terms of any agreement, Oppler states, “If that view prevails, it would undermine the strong public policy in favor of upholding settlement agreements and public confidence that the government will keep its word in future cases.”
In their public statement, NAR asserts that they have always pushed for competition in the marketplace. We long ago agreed in our news stories, debunking the anti-trust suit allegations.
So will this petition make a difference? Going before the Courts is the only option for relief possible, and since the association took that step, NAR members we spoke with today feel optimistic. It appears that NAR is simply pushing for the DOJ to make good on an existing agreement, it’s not complicated.
“NAR remains hopeful the DOJ will honor its agreement,” Oppler said. “We also remain committed to advancing and defending independent and local real estate organizations that provide for greater economic opportunity and equity for small businesses and consumers of all backgrounds and financial means.”
Dig into the docs: