No further investigation into conditions used by real estate portal Funda

The Netherlands Authority for Consumers and Markets (ACM) halts its investigation into possible unreasonable conditions that Dutch real estate portal Funda allegedly uses. Real estate website Gmak had filed a request for enforcement with ACM. Gmak claimed that Funda imposed far-reaching requirements on the methods and substance of the services of realtors and property brokers that are not members of real estate trade associations NVM, VBO or VastgoedPro. They allegedly would not get access to Funda if they did not meet those requirements.

In its preliminary investigation, ACM did not find convincing evidence that the requirements that Funda had set resulted in any harm to brokers and homeowners. Gmak subsequently withdrew its request for enforcement.

ACM and the housing market

The housing market is a new focus area on the ACM Agenda for 2022-2023. That is why ACM recently launched an investigation into the municipal-land market, among other activities. In addition, ACM also looks at the role of realtors against the backdrop of the current housing shortage.

In that context, ACM believes that all homesellers should be able to list their homes on Funda, even if they hire online brokers that are not members of a real estate trade association. After all, Funda is, for many homesellers, a vital channel in their search for a new home.

ACM’s preliminary investigation did not reveal that Funda currently impedes access of online brokers. Since having access to Funda is vital for the proper functioning of the Dutch housing market, ACM will keep a close watch on this part of the housing market.