In a response to NAR's writ, the DOJ contended that they did not agree to cease their investigation as part of the 2020 settlement, indicating ongoing regulatory interest.
The legal contention between NAR and DOJ revolves around NAR's Participation Rule and Clear Cooperation Policy, with implications for transparency regarding broker commissions impacting both buyers and sellers.
U.S. District Court Judge Timothy Kelly ruled that the 2020 settlement's terms remain valid, arguing that allowing the investigation to proceed undermines the benefits NAR negotiated.
The dispute reflects broader regulatory scrutiny over real estate practices, highlighting the tension between maintaining fair market practices and the enforcement of compliance by trade groups.
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