Don't Call it a Comeback: DOJ Wins in DC Circuit

By now, everyone reading Notorious ROB knows that the DC Circuit Court of Appeals has ruled in favor of the United States, in the form of the Department of Justice. The initial set of reactions are, to say the least, over the top.

On Twitter, for example, we find statements like this one:

Why would they even stick to the settlement agreement now that the DOJ won? Seems like everything should be back on the table.

I’ve been bombarded with questions just like this from brokers, agents, and executives in Dar-al-REALTOR. It’s like whiplash: just when you thought you knew what the future holds, thanks to the NAR Settlement, wham! Maybe that Settlement will now be undone because the DOJ has been freed up by the Court of Appeals to go after NAR again.

I get it. I really do.

So let me be the first to give you the good news: nothing changes as a result of this ruling by the court. The ruling does not impact the Settlement, and doesn’t even really change what the DOJ could do or would do. It is a fairly minor thing. This was not a comeback victory by the DOJ; they’ve been there for years, rockin’ their peers, puttin’ suckers in fear.

Unfortunately for NAR, “nothing changes” does not mean that they are free and clear. But they weren’t free and clear before this ruling either, so… nothing changes.

Let’s get into it.