The U.S. Department of Justice (DOJ) has weighed in on the Davis v. Hanna Holdings case with a formal Statement of Interest, and it’s a clear signal to the real estate industry. The DOJ argues that real estate trade association rules, specifically those requiring sellers to offer compensation to buyers’ agents, may violate antitrust laws and deserve full scrutiny. For anyone who thought the pressure on commission practices might let up, this filing confirms the opposite.
What makes this noteworthy is the DOJ’s insistence that rules created and enforced by associations like the National Association of REALTORS® are not exempt from antitrust enforcement. According to the filing, these rules reduce competition, inflate commissions, and ultimately raise costs for consumers. The DOJ emphasizes that courts should not hesitate to apply the per se rule against price fixing when those rules control how competitors operate their own businesses. This reinforces the DOJ’s ongoing push to ensure real estate professionals compete on price and service rather than operate under legacy practices that limit consumer choice.
For homebuyers and sellers, this could eventually change how real estate services are paid for. Buyers may need to take a more active role in paying their agents directly, and sellers may reconsider including buyer-agent commissions in their pricing strategies. For agents and brokers, the message is clear: providing true value and being able to explain it is going to matter more than ever. This is a call for the industry to focus on transparency and competitive service, not just tradition.
The DOJ isn’t just offering an opinion, they’re making their legal position known and building momentum for more scrutiny across the board. Regardless of how this case turns out, the DOJ is laying the groundwork for change. The traditional way commissions are structured has been under a magnifying glass for some time, and this latest move signals the government’s intent to stay the course and pursue reform where it sees harm to consumers.
The full DOJ Statement of Interest is available below for those who want to take a closer look.
Read the full DOJ Statement of Interest:
Davis v. Hanna Holdings, filed December 19, 2025
