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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 from competing firms agreeing to charge uniform commission rates

Price-fixing — competing brokers conspiring to set uniform commission rates — violates the Sherman Antitrust Act. Each brokerage must independently set its own commission rates. Other antitrust violations include market allocation (dividing territories among competitors) and group boycotts (brokers agreeing not to work with certain parties). Independently setting rates, offering client discounts, and participating in an MLS are all lawful activities.

Answer Options
A
Each broker independently setting their own commission rates
B
Brokers from competing firms agreeing to charge uniform commission rates
C
Offering volume discounts to repeat clients
D
Sharing listings through a Multiple Listing Service (MLS)

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Related Topics & Key Terms

Related Topics:

Sherman Antitrust Actmarket allocationgroup boycottNAR commission settlementDelaware Association of Realtors

Key Terms:

Sherman Antitrust Actprice-fixingcommission ratesantitrustcompeting brokers

Related Concepts

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.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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