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Practice Of Real EstateAntitrustMEDIUM

Which of the following activities is a per se antitrust violation that is strictly prohibited in real estate?

Correct Answer

B) Agreeing with competing brokers to charge the same commission rate

Price-fixing — agreeing with competing brokers to set, raise, or standardize commission rates — is a per se violation of federal antitrust law under the Sherman Antitrust Act. Each brokerage must independently set its own fees. Advertising rates, offering discounts, and cooperating through an MLS are all lawful activities. Brokers should avoid any discussion of commission rates with competitors.

Answer Options
A
Advertising commission rates to attract clients
B
Agreeing with competing brokers to charge the same commission rate
C
Offering discounted commission rates to sellers
D
Cooperating with other brokers through an MLS

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Related Topics & Key Terms

Related Topics:

Sherman Antitrust Actper se violationsmarket allocationgroup boycottNAR antitrust settlementMLS cooperation

Key Terms:

price-fixingSherman Antitrust Actper se violationcommission ratesantitrust

Related Concepts

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.

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.

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