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Realestate.com.au removes restrictions in contracts with real estate agents after ACCC investigation

14 September 2026MediumEnforcement

The development

REA Group announced on 14 September 2026 that it had entered into a court-enforceable undertaking with the ACCC to resolve concerns about restrictions in its contracts with real estate agency customers. The commitments concern property listings on realestate.com.au and the flexibility agencies have when choosing listing tiers.

In its ASX announcement, REA said it committed not to require agencies to list all or the majority of their properties for sale or rent on realestate.com.au. It also committed to greater flexibility for agents to downgrade listings to lower listing tiers. These changes are relevant to agencies assessing their advertising arrangements and how contractual commitments affect their choice of listing services.

The distinction between an undertaking and a court finding matters. REA stated that the ACCC had not issued legal proceedings against it and that there had been no finding of legal wrongdoing. The undertaking is an enforceable commitment, not a judgment establishing that every exclusivity clause or listing incentive breaches competition law.

The announcement therefore provides a specific example of regulatory scrutiny of platform contract restrictions. It does not mean that all arrangements limiting dealings with competing services are automatically unlawful; the terms, commercial setting and competitive effects remain important.

The briefing

Regulator or source
ACCC
Type
Enforcement
Subject matter
Commercial, corporate & consumer
Jurisdiction
Cth
Published
14 September 2026
Submissions close
No deadline
Reference
Not applicable
Priority
Medium

What it means for business

For real estate agencies, the practical contract questions include whether current listing commitments reflect the changes and how any downgrade flexibility operates within the applicable advertising package. Minimum listing requirements, tier commitments and variation provisions may influence both cost and the ability to use alternative services. The undertaking does not itself describe every agency’s individual contract or establish a universal right to end an agreement without consequence.

For other businesses using platform, distribution or preferred-supplier agreements, this development highlights the possible competition implications of requirements to place all or most business with one provider. A contract review may be useful where exclusivity, minimum-volume commitments or incentive structures materially constrain dealings with competitors. The relevant assessment is specific to the arrangement rather than a blanket prohibition on commercial incentives.

Entry last reviewed 9 October 2026.

What does this mean for your business?

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