O
n Dec. 19, the DOJ’s Antitrust Division filed a Statement of Interest in Davis et al. v. Hanna Holdings Inc., a buyer‑agent commission lawsuit brought by Scott Davis and dozens of other homeowners. The case, filed in May 2024, accuses Hanna’s subsidiary Allen Tate Real Estate of colluding with competitors and the National Association of Realtors (NAR) to fix buyer‑agent fees. Hanna seeks dismissal, arguing the plaintiffs failed to show a plausible agreement that restrains trade.

    The DOJ’s filing does not predict the outcome but opposes dismissal on the grounds that NAR‑derived rules are not automatically exempt from the per‑se rule against horizontal price fixing. “The United States has a critical interest in promoting competition among real‑estate brokers, which directly affects consumers’ pocketbooks,” the statement reads. It stresses that competition keeps commissions low and drives quality service, and warns that accepting Hanna’s arguments would make it harder for plaintiffs to challenge potentially anticompetitive association rules.

    This move follows the March 2024 NAR settlement, which introduced new policies on buyer‑agent agreements and compensation offers. DOJ officials, including Assistant Attorney General Abigail Slater, have emphasized that antitrust laws are essential to curb rising housing prices and improve buyer services. The agency has also intervened in other real‑estate disputes—Nosalek, REX, and a June 2024 inquiry into California Association of Realtors’ buyer‑agreement forms—demonstrating its ongoing scrutiny of industry practices.