EstatePass
Practice Of Real EstateAntitrustHARD

An MLS requires all participating brokers to offer a minimum cooperating broker compensation of 2.5% or the listing will not be accepted into the system. What antitrust concern does this policy raise?

Correct Answer

B) It constitutes price fixing because it eliminates independent decision-making on cooperating compensation

Requiring a minimum cooperating broker compensation eliminates independent pricing decisions among competing brokers, which is the essence of price fixing. Compensation must be independently determined by each broker.

Answer Options
A
It is a lawful MLS rule because the MLS may set any standards
B
It constitutes price fixing because it eliminates independent decision-making on cooperating compensation
C
It is a tie-in arrangement because MLS participation is bundled with a commission floor
D
It is market allocation because it divides commissions between listing and cooperating brokers

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Related Topics & Key Terms

Key Terms:

antitrustpracticeprice_fixingmls

Related Concepts

Florida real estate licenses must be renewed biennially, and sales associates have specific post-license education requirements for their first renewal.

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.

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