Power and influence. The Supreme Court sides with National Association of Realtors, halts antitrust investigation, and no one is surprised. NAR is hands down the single most powerful trade group in DC. But, in this case, they have a point.
The DOJ reached a settlement with NAR in 2020 requiring NAR to improve transparency on broker commissions and fees. We know that. WHat many don't is that Biden's DOJ withdrew that settlement and reopened its antitrust investigation.
DOJ claimed - “These policies are related to the inability of homebuyers to negotiate buyer agent commissions that are directly paid by listing agents and their seller clients. Multiple listing services require listing agents to offer non-negotiable commissions to buyer agents in MLS home listings, which helps explain why research has shown that commissions are high and relatively uniform."
Who is putting a gun in the mouth of any home seller to pay any specific commission? In GA, sellers pay listing brokers and those listing brokers pay the buyer's broker. The SELLER, no one else, establishes the total commission - and in GA - can stipulate the buyer's commission. That is not hard to understand.
Real estate is an easy example of a "free market"; pay what you want. We see traditional models, tech savvy models, iBuyer models, discount brokers......choose your flavor as a seller.
If DOJ wants to investigate, look into why there are so many agents and why the industry cultivates the idea that this is less than an actual full time profession. Of course NAR will be right there punching back on that as well.....
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