The message below is from Katie Johnson, NAR’s Chief Legal Officer and Chief Member Experience Officer. She recently shared it with state and local Association Execituves.

I am reaching out to follow up on my earlier note regarding the decision by the United States Court of Appeals for the District of Columbia Circuit, which held that the DOJ’s 2020 settlement with NAR does not prevent it from reopening its investigation into NAR’s policies, including the cooperative compensation rule and clear cooperation policy. We disagree with the Court’s decision and share the view articulated by Judge Walker in his dissenting opinion.

To be clear, this opinion in the DOJ litigation does not affect the settlement agreement that NAR announced on March 15th in the class action litigation to resolve nationwide litigation over claims from home sellers related to broker commissions. Please see Q&A relating to today’s decision below.

In terms of next steps, we are reviewing the opinion and evaluating our legal options. As always, we remain steadfast in our commitment to promoting consumer transparency and to supporting our members in protecting their clients’ interests in the home buying and selling process.

Please feel free to reach out directly to me or the NAR legal team with any questions.



  1. What was the D.C. Circuit Court of Appeals’ decision?


  1. What was NAR’s position in this appeal?

  1. Does the D.C. Circuit Court of Appeals’ decision in the DOJ litigation have any impact on the recently announced settlement agreement to resolve claims from home sellers?

  1. How does the recently announced settlement agreement in the class action litigation affect this appeal?

  1. What are NAR’s options? What are the potential next steps?

  1. Is NAR in touch with the DOJ about this matter and/or the class action settlement agreement?