Justice Department Can’t Reopen Realtor Antitrust Probe, Court Rules

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Justice Department Can’t Reopen Realtor Antitrust Probe, Court Rules
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A judge said the DOJ must honor an agreement it made with the real-estate industry's largest trade group to close an antitrust investigation into rules on how agents market properties and set commissions

with the real-estate industry’s largest trade association to close an antitrust investigation into rules governing how agents market properties and set commissions for home sales, a federal judge said on Wednesday.

During the Trump administration, the Justice Department investigated whether a lack of transparency to buyers around the roughly 5% to 6% commission rate for agents had caused artificially high transaction costs, despite disruptive forces such as the proliferation of online listings and venture capital-funded startups. In nearly every residential real estate transaction in the U.S. the buyers’ agents are paid by the home seller and not directly by the buyer.

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