DOJ Reiterates Antitrust Concerns in NAR Case

The Department of Justice (DOJ) recently filed a Statement of Interest in the Burnett v. National Association of Realtors (NAR) case, emphasizing its ongoing scrutiny of potential antitrust violations in the real estate industry.

While the DOJ did not participate in the litigation or proposed settlement, it clarified that the settlement does not preclude future enforcement actions against NAR or other parties. A critical area of concern is the Buyer Broker Agreement Requirement, a new provision requiring buyers and brokers to sign a written agreement before viewing any properties.

The DOJ argues that this requirement could suppress competition by limiting how brokers compete for clients and imposing unnecessary restrictions on buyer access to homes. This position aligns with broader antitrust principles aimed at preventing agreements that restrict consumer choice or inflate costs. Although the DOJ’s statement is not binding on the court, it could influence the court’s decision on whether to approve the proposed settlement.

The DOJ's Position

In its filing, the DOJ expressed concerns about provisions in the proposed settlement that may perpetuate anticompetitive practices. The Buyer Broker Agreement Requirement is particularly problematic, as it could limit buyers’ ability to freely engage with brokers and reduce competitive pressures among brokers to offer better services or lower costs. The DOJ compares this rule to prior restrictions that courts have found anticompetitive, such as agreements to withhold services or limit access to important consumer information.

Additionally, the DOJ emphasized that its ongoing investigation into NAR’s practices remains active. Compliance with the proposed settlement does not provide immunity from future enforcement actions. This distinction is important for REALTORS® and real estate professionals to understand: the settlement may resolve certain class action claims but does not shield industry practices from further legal scrutiny.

Implications for REALTORS®

For REALTORS®, this development underscores the importance of monitoring regulatory and legal changes while continuing day-to-day operations. The court has yet to decide whether the settlement adequately addresses antitrust concerns, and the DOJ’s critique may shape the court’s final ruling. Importantly, the DOJ’s statement does not impose immediate changes or obligations on REALTORS® but signals potential long-term

implications for industry practices.

How REBLAW Can Help

Navigating antitrust concerns in the real estate industry can be challenging, particularly as litigation and DOJ scrutiny over antitrust violations evolve. At REBLAW, we understand the complexities REALTORS® face and can provide tailored guidance to protect your interests and ensure compliance.

If you have questions about the DOJ's statement, the Buyer Broker Agreement Requirement, or how these issues might affect your business, contact REBLAW today. We’re here to help you understand your legal obligations and safeguard your real estate operations.