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Practice Of Real EstateAntitrustMEDIUM

Two competing real estate brokers meet for coffee and agree that each will charge a minimum 6% commission on all listings going forward. Under the Sherman Antitrust Act, this agreement is best described as:

Correct Answer

B) A per se violation constituting horizontal price-fixing

An agreement between competing brokers to set or fix commission rates is horizontal price-fixing — a per se violation of Section 1 of the Sherman Antitrust Act, meaning it is illegal regardless of intent or written form.

Answer Options
A
A legal practice because brokers may set their own commission rates
B
A per se violation constituting horizontal price-fixing
C
Permissible if the agreement is not put in writing
D
Subject to a rule-of-reason analysis weighing pro-competitive benefits

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Related Topics & Key Terms

Related Topics:

Sherman

Key Terms:

antitrust

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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