DOJ/Antitrust: Fee-for-Service Brokerage Arrangements

Fee-for-Service Brokerage Arrangements

Some states require consumers to purchase certain brokerage services whether they want them or not.

Choice of brokerage services in your state: Click a state on the map or select a state from the list to learn about state laws or regulations affecting competition in real estate.

U.S. map with links to each state Select a state:
Asterisks indicate states that limit choice.
For a complete listing, see Guide to State Real Estate Laws and Regulations.

An additional eight states have minimum service requirements but allow consumers to waive those extra services, preserving choice. Those states are Delaware, Florida, Nevada, New Mexico, Ohio, Pennsylvania, Tennessee, and Wisconsin.

Department of Justice Efforts Regarding Minimum Service Laws

The Antitrust Division informs government decision makers about the competitive effects of laws or regulations that restrict licensed brokers from offering consumers the option to select specific brokerage services. This page provides details on the Antitrust Division’s efforts in selected states:

Alabama

Michigan

Press release: The Justice Department and The Federal Trade Commission Encourage Michigan Senate Committee to Continue to Allow Consumer Choice in Real Estate Brokerage Services (10/20/2005)
Comments to the Michigan Senate on Michigan House Bill 4849 (10/18/2005)

Missouri
- Press release: The Justice Department and the Federal Trade Commission Urge the Governor of Missouri to Continue to Allow Consumer Choice in Real Estate Brokerage Services (05/24/2005)

Comments to Governor Blunt on Missouri House Bill 174 (05/23/2005)

New Mexico
- Press release: Justice Department Encourages the New Mexico Real Estate Commission to Maintain Consumer Choice in Real Estate Brokerage Services (11/02/2005)

Comments to the New Mexico Real Estate Commission on Proposed “Minimum Service” and “Advertising” Rules (11/02/2005)

Ohio

Comments to the Ohio Association of Realtors Task Force on Minimum Services for Listings Report & Recommendations (10/19/2005)

Oklahoma

Comments to the Oklahoma Real Estate Commission on the Website Notice Regarding SB 673 (09/21/2005)
Press release: Justice Department Statement on Oklahoma Legislature’s Proposed Real Estate Legislation (05/25/2005)
Press release: Justice Department Urges Oklahoma State Legislature to Continue to Allow Choice in Real Estate Services (04/08/2005)
Comments to the Oklahoma Senate and House of Representatives on Oklahoma Senate Bill 673 (04/08/2005)

Texas

Press release: Department of Justice and Federal Trade Commission Urge Texas Real Estate Commission to Continue to Allow Flexibility in Brokerage Services (04/21/2005)
Comments to the Texas Real Estate Commission on Proposed Amendments to 22 Tex. Admin. Code § 535.2 (04/20/2005)

Virginia

Comments to the Virginia Association of Realtors on House Bill 316—Virginia Agency Services Legislation (01/27/2006)

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