A years-long legal battle involving the National Association of REALTORS® (NAR) was resurrected Friday when a three-judge appeals panel ruled the Department of Justice could resume its antitrust investigation into the association. 

By a 2-1 vote, the panel sided with the DOJ, allowing it to pull out of a settlement reached with NAR in 2020. That settlement, reached under the Trump Administration, ended the DOJ’s investigation, and NAR agreed to amend policies that investigators alleged were anti-competitive. 

Under the Biden Administration, the DOJ sought to halt the settlement and resume its investigation. In January, a U.S. district court judge ruled the settlement should stand. On Friday, a federal appeals panel reversed that decision.

A NAR spokesman told Politico that the association believes the DOJ should abide by the settlement, and it was “evaluating next steps.” 

The decision is the latest legal hurdle for NAR, which last month announced a $418 million settlement and said it will halt commissions on the MLS to end compensation litigation against the association.