Real Estate From The Trenches

DOJ Drops the Hammer on Realtor Commission Rules in Landmark Legal Filing

December 24, 2025

NAR Targets REALTOR Commissions - Antitrust Crackdown against NAR

On December 19th, the U.S. Department of Justice filed a 30-page Statement of Interest in the Davis v. Hanna Holdings case, and while it stops short of siding with either party, the DOJ made it clear where it stands on the broader issue of buyer agent commissions and the role of trade associations like the National Association of Realtors (NAR).

The DOJ is focused on promoting competition in real estate, and they argue that certain longstanding industry practices, particularly those driven by NAR rules and adopted through MLSs, may be keeping commissions artificially high and harming homebuyers. According to their filing, real estate broker commissions reached an estimated $170 billion in 2024, nearly 0.6% of U.S. GDP. That’s a staggering amount, and it’s part of why the DOJ says we need more scrutiny around how these commissions are structured and shared.

Supreme Court Declines REX Case: No Verdict, But Plenty to Watch

October 22, 2025

REX’s Supreme Court Petition Denied: What It Means (and Doesn’t) for Real Estate

The Supreme Court has officially denied Real Estate Exchange, Inc. (REX)’s petition for a writ of certiorari, ending its high-profile antitrust case against Zillow and the National Association of REALTORS® (NAR). While headlines might make it sound like a landmark ruling, the reality is simpler: the Court just opted not to take the case, not to weigh in on whether NAR’s policies are legal or not.

DOJ Seeks Early Termination of Multiple Redlining Settlements

June 16, 2025

In recent weeks, the U.S. Department of Justice has moved to terminate or seek early termination of several redlining-related consent orders with banks, citing substantial compliance with the terms of the original settlements. These actions mark a shift in approach and have sparked conversation across the financial and regulatory landscape.

Key updates include:

Redfin Shareholders Say Yes to Rocket Deal—Industry Shakeup Ahead?

June 5, 2025

Rocket Mortgage - Redfin Acquisition Approved by Shareholders

If the preliminary vote tallies hold, Redfin shareholders just gave Rocket Companies the green light to buy them out for $1.75 billion. That vote took place yesterday, June 4, during a special meeting that followed some last-minute legal fireworks and a bit of political heat. Assuming everything stays on track, the deal will close before the end of June.

For those who haven’t been tracking it closely, this merger means Rocket, best known for Rocket Mortgage, is about to add a national real estate brokerage, tech platform, and salaried-agent workforce to its portfolio. It also means Redfin, which hasn’t had a profitable year in nearly two decades, gets absorbed into a company with the budget and appetite to scale their model nationwide.

Report Warns Private Listings Undermine Competition — DOJ Urged to Step In

April 16, 2025

Private listing networks are once again under the spotlight, this time drawing fire from consumer advocates who say the practice restricts market access and tilts the playing field in favor of large brokerages. In an April 14 statement, the Consumer Policy Center (CPC) called on the U.S. Department of Justice to investigate how these networks — often referred to as “office exclusives” — may be enabling anticompetitive behavior. The CPC highlighted Compass specifically, citing its push to privately market listings early and selectively, in ways that may reduce competition and limit consumer choice.

According to the CPC report, Compass has made clear its intent to market new listings aggressively and without restraint while still maintaining access to the major real estate portals — like Zillow, Redfin, and Realtor.com — if a buyer isn’t found through its internal network. The report describes a concerning pattern where listings are publicly marketed through signs, emails, or social media, yet withheld from the MLS. Experts cited in the report say this creates a two-tier system: listings are first offered to in-house agents or select brokers, and only later — if needed — opened up to the wider marketplace. The CPC argues that this limits transparency and could lower sale prices by reducing the pool of potential buyers.

Will You Pay Less to Sell Your Home Soon? What the DOJ’s Latest Move Could Mean

April 10, 2025

What home buyers and sellers need to know

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.

Wake-Up Call for Realtors: Why Roger Alford’s DOJ Role Changes Everything

April 9, 2025

Why Roger Alford's DOJ Appointment Matters More Than Ever

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.

Clear Cooperation on the Edge: NAR Blinks, DOJ Doubles Down

April 5, 2025

The pressure is real. The rules are changing. And the DOJ isn’t backing down.

DOJ Picks Roger Alford—What it Means for NAR, Clear Cooperation, and the Future of MLS

April 3, 2025

Roger Alford - DOJ - NAR and Clear Cooperation

There’s been a major development at the Department of Justice (DOJ) that’s got my attention, and it should have yours too. Roger Alford, a law professor from Notre Dame with extensive antitrust experience—most notably as an expert witness for plaintiffs in the landmark 2023 Sitzer/Burnett lawsuit against the National Association of REALTORS® (NAR)—has just been appointed Principal Deputy Assistant Attorney General for the DOJ’s Antitrust Division. To put it plainly, that’s big news for real estate.

I’ve written extensively about how DOJ scrutiny is reshaping our industry, particularly regarding policies like Clear Cooperation and mandatory REALTOR® membership for MLS access. Alford’s appointment signals loud and clear that the DOJ isn’t backing off anytime soon—in fact, they’re doubling down. In the Sitzer case, Alford testified that NAR’s Clear Cooperation Policy (CCP) isn’t designed to benefit sellers, but rather to preserve MLS monopoly power by cutting off alternative options for agents. With him now positioned at DOJ, expect intensified scrutiny around rules that limit competition.