The Justice Department, during the Trump administration, closed an investigation into the realtors organization. The Biden administration re-opened it in 2021 so it could probe how broadly housing listings are available and what fees home sellers pay to the brokers who represent buyers. The government's concern focused on private listings of homes, which NAR banned but left some exceptions, and a rule that requires sellers to pay the buyer's broker. Because of concern about "pocket listings," or private listings not available to the public, the NAR adopted a "Clear Cooperation Policy" in 2019 that was supposed to ban pocket listings but has been criticized for allowing exceptions. The NAR's Participation Rule had required brokers who listed a house to offer compensation to the buyer's broker.

---

Persons: Sarah Silbiger, Trump, Biden, Judge Florence Pan, Frederick Liu, Chris Michel, Diane Bartz, Chizu Organizations: REUTERS, Rights, Justice Department and National Association of Realtors, The Justice Department, realtors, U.S ., Appeals, Circuit, NAR, Thomson Locations: Washington , U.S