Supreme Court Clears Way for DOJ Investigation into REALTOR® Policies

The Supreme Court yesterday declined to review the National Association of REALTORS’ (NAR) appeal to block the Department of Justice (DOJ) from resuming its antitrust investigation. This decision allows the DOJ to reopen its probe into NAR’s practices, including the Clear Cooperation Policy and the Participation Rule, both of which have been criticized for limiting competition in the real estate industry.

The Clear Cooperation Policy requires listing brokers to submit a property to their Realtor-affiliated MLS within one business day of marketing it publicly. This policy was intended to ensure transparency but has faced allegations of reducing competition and restricting options for consumers. The Participation Rule, which NAR recently eliminated as part of a separate settlement, previously required listing brokers to make a blanket offer of compensation to buyer brokers to list properties in the MLS. The DOJ had issued a subpoena in 2021 requesting extensive documentation on these rules, signaling its intention to assess whether they hindered fair market practices.

For St. Louis homeowners and investors, the outcome of this investigation could lead to significant changes in how properties are marketed and sold. It’s a reminder of the evolving landscape in real estate and the importance of staying informed. As always, MORE Realtors INLINE TEXT Link – goes to agent website
MORE, REALTORS® is here to provide guidance and insights to help you navigate these developments. Contact us today to learn how we can help you with your real estate needs.


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