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What Applicants Should Know: Procedures & Considerations

Request Financial and Other Assistance from State and Local Associations

While not a prerequisite for NAR Legal Action Committee support, the Committee is reluctant to provide funding if the applicant has not first applied for support from the state and local association in the jurisdiction where the case originates.  The committee understands, however, that in certain situations, the assistance may unavailable or be precluded.  Applicants should include information regarding their request for assistance from the state and local association in their application.

Complete the Legal Action Program Financial Assistance Request Form

Parties requesting financial assistance must submit the Legal Action Committee Financial Assistance Request Form at least four (4) weeks before the Legal Action Committee meeting.  The Legal Action Committee meetings occur twice a year in conjunction with the REALTORS® Legislative Meetings and the NAR NXT, The REALTOR® Experience meetings.

Parties requesting NAR’s support through the filing of an amicus curiae brief, which allows NAR to share information and expertise on the issues in the case, must submit the Legal Action Program Amicus Brief Participation Request Form at least sixty days before the brief is due. Amicus briefs are typically filed at the appellate level and courts have discretion in grating a party’s amicus participation. For more information on Amicus Brief Advisory Board’s procedures, please view the Amicus Brief Participation Request Form.

Present Request at the Legal Action Committee Meeting

Requests are considered during Legal Action Committee meetings held twice yearly in connection with the REALTORS® Legislative Meetings and the NAR NXT, The REALTOR® Experience meetings. During the Legal Action Committee meeting, applicants will be given approximately ten minutes to present and discuss the case’s legal and practical significance to the committee. Typically, the applicants or their legal counsel appear before the Committee to present their request. Following the presentation, Committee members will have an opportunity to ask questions of the presenters. Parties seeking assistance are strongly encouraged to appear, either in-person or virtually, to present their request and be available to answer any questions from the committee regarding the legal issues presented in the case.  

Factors Considered by the Committee

The Legal Action Committee considers the following non-exhaustive list of factors in determining whether to provide an applicant with financial support:

Potential impact on real estate-related matters nationally, the operation of a trade association and private property rights.

Significance with NAR policy.

Opportunity to clarify existing precedent.

Support from applicable state or local associations.

Litigant’s investment in the case.

Scope of the case’s impact nationally or to a substantial portion of the membership.

Committee Deliberations and Approval Process

Following the presentation, the Committee will deliberate and vote whether, and in what amount, to recommend to fund a request for financial assistance. Committee deliberations are confidential, and committee members may not discuss the deliberations after the meeting. The Committee’s recommendation to support a request will then presented to the NAR Board of Directors for approval. Parties will be notified in writing approximately two weeks following the Board of Directors vote. If awarded, the support will be disbursed upon receipt of proper documentation of fees and expenses. Please keep in mind that support may not be used to pay judgments, damages, fines, settlements, opposing counsel's legal fees or costs, or other legal fees or costs incurred in pursuit of a party's request for financial assistance from NAR or other entities.

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