AFTA continues to monitor the real estate sector – Consumers may negotiate the commission rate
Oranjestad, December 2025 – The Aruba Fair Trade Authority (AFTA) has carried out an investigation among real estate companies in Aruba. Before February 2024, the Association of Aruban Realtors (AAR) used prohibited price agreements. After discussions with AFTA, the AAR withdrew the guidelines that contained these prohibited agreements. The goal of the investigation was to check whether real estate companies comply with the rules after the withdrawal of the guidelines and no longer engage in prohibited price agreements.
The results of the investigation are:
· 48% of the surveyed real estate companies still use standard commission rates, usually 5%.
· 74% of real estate companies use a fixed split of the commission, usually 50/50 between the agents involved.
What is a price agreement? A price agreement is when companies agree to charge the same price. For example, when real estate companies agree to charge a standard commission of 5%. This agreement is illegal because it limits competition and results in higher costs for customers. Sometimes there is no written agreement, but companies still charge the same price or commission because they copy each other or share competitively sensitive information. For example, one real estate company may share the commission percentage they charge, and the others then start using the same percentage. This is also illegal. For fair and effective competition, it is important that companies determine their behavior on the market independently.
What does this mean for you as a consumer?
· You always have the right to negotiate the commission with your real estate agent.
· You can compare different real estate companies until you find one with a commission that fits your budget.
· Feel free to ask how the rate is determined and make your own proposal to reach a fair rate.
Roly Sint Jago: “The board of AFTA has decided to continue supervising the real estate market to prevent prohibited agreements between companies. I encourage consumers to stay alert and always ask for an explanation of the rate and to negotiate! This way, the real estate market in Aruba remains competitive, fair, and transparent.’
AFTA is the independent authority that ensures the proper functioning of markets. Our supervision focuses on compliance with the competition rules in the Competition Ordinance, which came into effect on 1 January 2024. We investigate markets in Aruba and act to prevent and, when necessary, penalize anti-competitive agreements between companies and abuse of economic dominance. Click here to view the results of investigations.
