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Practice Of Real EstateAntitrustMEDIUM

A broker tells a prospective seller, 'Our commission is 6%, and it's fully negotiable -- that's the rate our brokerage has chosen independently.' Which statement BEST describes why this approach is acceptable under antitrust law?

Correct Answer

D) It is acceptable because the broker makes clear the rate is independently set and negotiable

Antitrust law allows each brokerage to independently set its own commission rates. By stating the rate is independently chosen and negotiable, the broker avoids any implication of price fixing.

Answer Options
A
It is acceptable because 6% is below the legal maximum
B
It is acceptable because the broker obtained permission from the local board
C
It is acceptable only if the broker has fewer than 10 agents
D
It is acceptable because the broker makes clear the rate is independently set and negotiable

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Related Topics & Key Terms

Key Terms:

antitrustpracticeindependent_pricingcommission

Related Concepts

License requirements are the mandatory qualifications—including pre-licensing education, examination, and background checks—that a person must satisfy before legally practicing real estate. These requirements are established and enforced by each state's real estate commission.

Market allocation is an illegal antitrust practice in which competing real estate brokerages agree to divide markets among themselves by geographic area, property type, or price range, thereby eliminating competition.

Price fixing is an illegal antitrust practice in which competing real estate brokerages agree to charge the same commission rates, fees, or other pricing for their services. It is a per se violation of the Sherman Antitrust Act.

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