In my previous article on April 3, 2025, “DOJ Picks Roger Alford—What it Means for NAR, Clear Cooperation, and the Future of MLS,” I emphasized how significant Alford’s appointment to the Department of Justice (DOJ) Antitrust Division would be for the real estate industry. Given Alford’s background as an expert witness in the landmark Sitzer/Burnett case against NAR, his views and potential policy direction are particularly influential.
Roger Alford’s testimony before the Wisconsin Senate on December 19, 2023, underscores exactly why his appointment should concern every professional in real estate. In advocating for Wisconsin Senate Bill 394, Alford highlighted the critical importance of online platforms in home sales, particularly emphasizing FSBO (For Sale By Owner) sellers who, without internet exposure on popular sites like Zillow and Redfin, face severe market disadvantages. He detailed how traditional commission structures could erase years of equity gains, directly criticizing the industry’s approach to commissions as anti-competitive.
Most notably, Alford explicitly accused NAR and realtor associations of masking protectionist practices under the guise of consumer safety. His critique included explicit evidence from a RE/MAX training manual instructing agents to steer clients away from FSBO properties unwilling to pay commissions—a powerful indication of entrenched anti-competitive behavior.
This context reinforces the urgency of my earlier message: with Alford now in a senior antitrust enforcement role at the DOJ, it’s clear that practices limiting consumer choice and market transparency will face intense scrutiny and potential regulatory action. The implications are profound. Real estate professionals must proactively adapt their business models toward transparency, flexibility, and genuine consumer advocacy.
We now have unmistakable evidence from Alford’s own words and actions that antitrust enforcement in real estate will only intensify. Those in the trenches should prioritize reshaping their practices to align with these emerging standards, rather than resisting change until compelled by enforcement actions. The best path forward is to lead industry reform from within, promoting practices that clearly benefit consumers and enhance market competitiveness.