ANC orders an end to barriers facing estate agency franchises in Buenos Aires

The ANC’s Competition Defence Tribunal has ruled that the Buenos Aires City College of Estate Agents (CUCICBA) abused its dominant position by obstructing professionals operating under franchise arrangements. According to the official statement dated 19 October 2026, it ordered an end to those practices and imposed a fine equivalent to ARS 290,010,000.

A complaint over the use of registration powers

The investigation began following a complaint by RE/MAX Argentina and franchised estate agents operating within its network. The case centred on the College’s use of its registration and professional disciplinary powers to hinder this way of working since 2016.

In the Autonomous City of Buenos Aires (CABA), registration with CUCICBA is compulsory to practise as an estate agent. The same body that grants registration also has disciplinary powers over registered professionals. This position was central to the Tribunal’s analysis, as it determines who can enter the profession and continue practising.

According to the ANC, the agents concerned accounted for less than 2% of registered professionals but were subject to 20% of disciplinary proceedings opened since 2016. The investigation found that proceedings had been brought against them at a much higher rate than against other agents.

The authority also found that registration applications had been rejected on grounds not provided for by law, and that claims had been circulated that the franchise model was illegal, despite no court having ruled it unlawful.

What CUCICBA must change

The ruling requires the College to apply the same rules to all estate agents, regardless of how they organise their work. It must also stop describing practices as illegal when no court has ruled them unlawful.

The ANC noted that, while challenging these practices among franchisees, the College tolerated identical practices among other agents. According to the official statement, these included members of its own governing bodies.

The financial penalty amounts to 200,000 adjustable units, equivalent to ARS 290,010,000 at the time of the announcement. In addition to paying the fine, CUCICBA must publish the ruling on its website and social media channels for thirty days.

For the estate agency franchise sector, the practical significance of the decision is equal treatment by the body responsible for professional registration. The order does not remove the registration requirement: it seeks to prevent agents from facing discriminatory barriers because they operate under a franchise arrangement.

The impact on buyers, sellers and tenants

The ANC’s analysis went beyond the relationship between the College and registered agents. It also considered the consequences that restrictions may have for people buying, selling or renting property.

According to the authority, obstructing a model that competes with traditional estate agencies can reduce the choices available to customers. It can also prevent the introduction of new business models and technologies.

This approach links the decision to the purpose of professional regulation. For the Tribunal and the Secretariat for the Investigation of Anticompetitive Conduct, compulsory registration and the powers delegated by the state to a professional body are justified primarily by the need to protect those who use its members’ services.

Recommendations are not changes already in force

Alongside its orders to CUCICBA, the ANC made regulatory recommendations. It proposed that the Ministry of Deregulation and State Transformation assess whether professional registration should remain compulsory nationwide or move to a voluntary system, with a register and safeguards for customers.

It also recommended reviewing the requirements for a university degree and one year’s residence in the relevant jurisdiction. These are proposals for consideration, not regulatory changes announced as already in force.

The ANC recommended that Buenos Aires city authorities ensure registration requirements are limited to those established by law, and that an agent’s way of organising their work cannot be grounds for rejection or sanctions. It also proposed placing the College’s decisions under the oversight of a state body and preventing conflicts of interest among its leadership.

Practical takeaway: anyone considering joining an estate agency franchise in CABA should distinguish between the order requiring equal treatment and the recommendations for reform. Professional registration remains compulsory; the decision requires its rules to be applied without discrimination based on how agents organise their work.