HousingWire Daily The DOJ’s interest in real estate commissions — and trade groups
Jan 20, 2026
Brooklee Han, a Senior Real Estate Reporter with a keen focus on litigation and industry policy, joins the discussion. She delves into the DOJ's scrutiny of real estate commission structures and the implications for trade associations. The conversation highlights the DOJ's surprising approval of the Compass-Anywhere merger, alongside its stance on antitrust concerns. Han also examines Compass's legal battle with Zillow over listing access, and how these developments could reshape the real estate landscape significantly.
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Trade Rules Aren't Automatic Legal Shields
- The DOJ argues trade association rules can be concerted action and trigger per se antitrust analysis.
- Following association rules offers no automatic legal shield for brokerages or agents, says Brooklee Han.
MLSs' Legal Value Is Under Pressure
- MLSs face a value and legal-protection crisis after cooperative compensation and settlement changes.
- Brooklee Han says MLSs and NAR may step back from rulemaking, shifting compliance burden to brokers and agents.
Settlement Rules May Still Face Antitrust Scrutiny
- DOJ previously warned buyer representation agreements mandated by the NAR settlement could be anticompetitive.
- Brooklee Han notes such statements remove presumed legal protection for rules set by settlements or associations.