WASHINGTON
The Justice Department and the National Association of Realtors reached a
major antitrust settlement Tuesday that government officials said should spur
competition among brokers and ultimately bring down hefty sales commissions.
The deal frees Internet brokers and other real-estate agents offering
heavily discounted commissions to operate on a level playing field with
traditional brokers by using the multiple listing services that are the
lifeblood of the industry, government officials said.
The Justice Department sued the National Association of Realtors in federal
court in 2005 on antitrust grounds, charging that its policies were stifling
competition and hurting consumers. That case was scheduled to go to trial in
Chicago in July.
The settlement ''is a win for consumers, certainly, who will now have the
benefit of unrestricted competition,'' Deborah A. Garza, deputy assistant
attorney general for antitrust, said in an interview. ''There inevitably will
be more efficiency and more competition in the market.''
Real estate agents earned $93 billion in commissions in 2006, with a median
commission of about $11,600, Justice Department officials said. Internet
brokers, offering pared-down services, provided average rebates of 1 percent on
commissions that normally ran 5 or 6 percent, translating into thousands of
dollars per sale.
Consumer advocates hailed the settlement as an important and somewhat
surprising step by the Bush administration, which has staked out a position on
many antitrust issues seen as favorable to business interests.
''I was very pleasantly surprised,'' said Stephen Brobeck, executive
director of the Consumer Federation of America, which tracked the case. ''Given
the reluctance of anyone in Washington before the Justice Department to improve
competition in the real-estate industry, this settlement represents a
milestone.''
The National Association of Realtors, with more than 1.2 million members,
said that the settlement was ''a win-win'' for both the real estate industry and
consumers. It noted that the association admitted no wrongdoing and paid no
fines or damages as part of the deal.
Laurie Janik, the association's general counsel, said in a telephone
interview that the settlement would have no real impact on home buyers or
sellers.
''I don't think they'll see anything different,'' she said. ''This lawsuit
never had anything to do with commission rates, or discount brokerages.''
She added that the lawsuit and the settlement arose from misunderstandings
about the way the Realtors' association works. ''This was a five-year education
of the Department of Justice, unfortunately, and the real estate industry had to
pay for that education,'' she said.
Since the 1990s, online real estate brokers have offered a popular and
cheaper alternative to the bricks-and-mortar variety. But such brokers, known in
the industry as ''virtual office Web sites,'' complain that the industry's
practices have denied them the chance to make full use of the multiple listing
services to determine what homes are for sale.
The agreement between the Justice Department and the Realtors' association
must be approved by a federal judge, probably this summer. As now structured,
the deal bans the Realtors' association from treating online brokers as
different from traditional brokers or discriminating against them, and it
ensures that they will not be excluded from membership in the listing service
based on their business model.
In one instance, the Justice Department said an unnamed online broker was
forced to shut down its Web site because all the traditional brokers on the
local listing service, in response to the national association's policy, had
withheld their listings from the online broker.
After the Justice Department sued the Realtors' association in 2005, the
group suspended the exclusionary policy. Officials said the settlement would
ensure that online brokers are given full access and that its policies are made
uniform.
''For us, it's a great result,'' said Pat Lashinsky, chief executive of
ZipRealty in Emeryville, Calif., which offers online users rebates of up to 20
percent off standard sales commissions. ''We think it's a great result for
consumers.''
Norman Hawker, a business professor at Western Michigan University who
organized a symposium on the Justice Department litigation as a senior fellow
for the American Antitrust Institute, predicted that the settlement would
ultimately mean a drop in sales commissions of 25 percent to 50 percent as a
result of increased competition.
''It's pretty clear that there was an enormous amount of discrimination
against brokers who were trying to use innovative business models,'' including
discounted fees and virtual offices on the Internet, he said. ''There are lots
of entrepreneurs who have been looking for a green light in the form of this
order to begin offering discounted rates. It has the potential to be a big step
forward for consumers.''
Copyright 2008 The New York Times Company