Which of the following activities by competing brokers would constitute an antitrust violation?
Correct Answer
B) Agreeing with competing brokers to charge the same commission rate
Price-fixing — where competing brokers agree to charge the same commission rate — is a per se violation of the Sherman Antitrust Act. Such agreements eliminate price competition and are illegal regardless of the rates agreed upon. By contrast, MLS participation, offering discounts, and competing for listings are all lawful competitive activities. Antitrust violations in real estate can result in criminal prosecution, substantial fines, and civil liability.
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