If you’re thinking about buying or selling a home—whether you’re working with a real estate agent or exploring other options—there’s a major shift underway that could soon impact your choices and your bottom line.
Roger Alford, a former law professor and antitrust enforcer with the U.S. Department of Justice (DOJ), has just been appointed to one of the most powerful antitrust positions in the federal government. This may sound like insider legal news, but it has very real consequences for anyone trying to navigate the housing market.
Here’s what it means for you:
1. Lower Commissions Could Be on the Horizon
Alford was a key expert witness in the $1.8 billion Sitzer/Burnett verdict, where a jury found that the National Association of REALTORS® (NAR) and major brokerages conspired to keep real estate commissions high. Now that he’s back in a top DOJ role, you can expect continued pressure on traditional commission structures.
That means sellers may soon have more freedom to negotiate what they pay—and buyers might not be forced to rely on agents whose fees are baked into home prices.
2. More Visibility for FSBO (For Sale By Owner) Homes
In his testimony to the Wisconsin Senate in late 2023, Alford pushed back against rules that block FSBO sellers from posting their properties on major platforms like Zillow and Redfin. His position was simple: homeowners deserve the right to advertise their homes online without being forced to hire a listing agent.
If you’re a seller trying to save on commissions, this matters. If you’re a buyer, it means you’ll have access to more listings—some of which you might not see today due to outdated rules.
3. Greater Consumer Choice and Transparency
Alford is laser-focused on breaking down barriers that limit consumer options. That could translate into new policies—or enforcement actions—that make it easier to choose how you buy or sell a home, whether that’s with an agent, with limited support, or entirely on your own.
4. MLS and Realtor Rules May Change
Many of the current rules that shape how homes are marketed—like the Clear Cooperation Policy—are being reexamined through an antitrust lens. These policies often limit how and where sellers can advertise without joining a REALTOR® association.
With Alford at DOJ, those policies could be challenged, giving both buyers and sellers a clearer, more open marketplace.
The Bottom Line for You
Whether you’re listing your home or making an offer, this shift at the DOJ signals one thing: more power is moving into the hands of consumers.
Expect more transparency, more competitive pricing, and more control over how you work with real estate professionals—or whether you work with them at all.
But this isn’t about replacing agents. In fact, many agents are already adapting to this shift—delivering better service, clearer value, and more flexible options for clients. These are the professionals who will thrive in the new landscape: those who are transparent about pricing, confident in their value, and focused on what’s best for their clients.
If you choose to work with an agent, make sure it’s someone who understands where the market is heading—and is committed to helping you make informed, empowered decisions every step of the way.
I’ll be watching these developments closely—and if you’re a homeowner or future buyer, you should too