North Cincy News

Katie Johnson, the Chief Legal Officer and Chief Member Experience Officer of the National Association of Realtors (NAR), addressed state and local association executives following a recent decision by the United States Court of Appeals for the District of Columbia Circuit. The court ruled that the Department of Justice's (DOJ) 2020 settlement with NAR does not prevent it from reopening its investigation into NAR’s policies, such as the cooperative compensation rule and clear cooperation policy.

Johnson expressed disagreement with the court's decision, aligning with Judge Walker's dissenting opinion. She clarified that this ruling does not impact a separate settlement agreement announced by NAR on March 15th concerning class action litigation over broker commission claims from home sellers.

NAR is currently reviewing the court's opinion to determine potential legal actions. Johnson reiterated NAR's commitment to promoting consumer transparency and supporting members in protecting clients' interests during home transactions.

In a Q&A session, it was explained that the D.C. Circuit Court's decision allows DOJ to investigate certain NAR policies despite a previous settlement. However, this does not affect the newly announced settlement agreement awaiting approval by a Missouri district court.

The recent class action settlement involves changes to NAR’s rules, including prohibiting offers of compensation on MLS listings—a policy under DOJ scrutiny. As for future steps, NAR may seek further review from either the full D.C. Circuit or potentially escalate to the U.S. Supreme Court within 45 days.

NAR maintains communication with DOJ regarding these matters and aims to work collaboratively with all stakeholders to support property ownership across the country.