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Practice Of Real EstateAntitrustMEDIUM

Which of the following activities by competing real estate brokers would constitute an antitrust violation under the Sherman Antitrust Act?

Correct Answer

B) Brokers agreeing with competitors to charge the same commission rate

Price-fixing — competing brokers conspiring to set the same commission rates — is a violation of the Sherman Antitrust Act. Commission rates must be independently set by each brokerage and are always negotiable. Independently setting rates, offering discounts, and sharing listings through an MLS are all legal activities.

Answer Options
A
Brokers independently setting their own commission rates
B
Brokers agreeing with competitors to charge the same commission rate
C
Offering a discounted commission rate to attract clients
D
Sharing listings with other brokers through an MLS

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Related Topics & Key Terms

Related Topics:

Sherman Antitrust Actcommission negotiabilityMLS cooperationMontana Unfair Trade Practices Act

Key Terms:

Sherman Antitrust Actprice-fixingcommission ratesantitrust violationcompeting brokers

Related Concepts

Broker supervision is the legal obligation of a designated or managing broker to oversee and be accountable for the real estate activities of all salespersons and associate brokers operating under their license.

Commingling is the illegal act of mixing client funds with a broker's personal or business operating funds, while conversion is the unauthorized use of client funds for the broker's own benefit. Both are serious violations that can result in license revocation.

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

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