Real Estate Brokers Pocketing Up to 6% in Fees Draw Antitrust Scrutiny
- DOJ weighs case as class-action trial starts in Missouri
- Typical 5%-6% commission split by two brokers adds to costs
The lucrative broker commission system at the heart of the US residential housing market is facing unprecedented antitrust scrutiny from the Justice Department and two private class-action lawsuits that risk weakening the National Association of Realtors, the industry’s powerful lobbying group.
Federal antitrust enforcers are poised to decide whether to pursue their own case after a years-long investigation, according to a person familiar with the issue. The Justice Department is focused on the real estate commission-sharing system that typically puts homesellers on the hook for a 5% to 6% cut of the sale, split between their agent and the buyer’s agent.