AFTA Monitors compliance among real estate companies

Introduction

The Aruba Fair Trade Authority (AFTA) supervises compliance with competition rules by real estate companies in Aruba. Therefore, in 2025, AFTA conducted a survey, complemented by interviews with market participants. Until February 2024, the Association of Aruban Realtors (AAR) followed commission guidelines that included prohibited pricing agreements. After consultation with AFTA, AAR withdrew these guidelines in 2024. With this 2025 monitoring, AFTA aimed to determine whether real estate companies comply with the competition rules following the withdrawal and do not continue engaging in prohibited agreements.

Results

The results show that nearly half of the participating real estate companies continue to apply the old standard rate (5%), despite the withdrawal of AAR’s guidelines. Since approximately 40% of the contacted real estate companies responded to the survey, it cannot be ruled out that this behavior occurs more frequently in practice than the results suggest.

In addition, 74% of the participating real estate companies apply a fixed 50/50 commission split. When many real estate companies use the same split, this may indicate coordination (concerted market behavior). According to competition rules, real estate comapanies must set their commission rates and splits independently and are not allowed to make agreements with each other.

Conclusion

Standard rates and fixed commission splits remain common. It is not permitted for real estate companies – formally or informally – to agree to continue using the same rates or commission splits as if the withdrawn guidelines were still in effect. When multiple agencies continue to apply the same rates or splits (parallel behavior), this may indicate coordination. AFTA will therefore continue to monitor developments in the market and take enforcement action against violations where necessary.

Related document:

The Association of Aruban Realtors ends prohibited pricing scheme after intervention Aruba Fair Trade Authority

Scroll To Top