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Antitrust for Actual Property Professionals

Window to the Legislation: Antitrust for Actual Property Professionals – Transcript

Competitors in at present’s actual property market is vibrant, and never solely due to report gross sales and property appreciation.  In the present day’s customers have extraordinary alternative concerning the extent of service and value customers pay for actual property companies.  And, because the underpinning of competitors in the US, the antitrust legal guidelines intention to make sure that customers proceed to have optimum selections at optimum costs.

This Window to the Legislation addresses how the antitrust legal guidelines apply to actual property and can make it easier to keep away from the perils of anticompetitive conduct, which may result in federal and state enforcement, legal fines and imprisonment, and personal plaintiffs searching for enormous sums of cash in damages.

At the beginning, actual property professionals ought to all the time make enterprise choices unilaterally and independently.  The antitrust legal guidelines prohibit agreements between opponents that unreasonably restrain commerce, together with price-fixing and group boycotts.  Actually, this sort of competition-limiting exercise is taken into account so egregious that courts received’t take into account any justification or protection for the conduct.

Any settlement to repair costs is prohibited, and actual property professionals ought to by no means agree, expressly or implicitly, with their opponents about issues such because the fee price charged to customers or the cooperative compensation they are going to provide to MLS individuals.  Actual property professionals ought to keep away from discussing pricing all collectively and may all the time make these choices unilaterally and independently.  And bear in mind, commissions are all the time negotiable.

Equally, brokers ought to by no means agree with different opponents to refuse to deal– or to solely deal on sure phrases – with one other competitor or enterprise.  Not solely might this violate the moral obligations underneath Articles 1 and three of the REALTOR® Code of Ethics, group boycotts are prohibited by the antitrust legal guidelines. 

To keep away from antitrust legal responsibility maintain these finest practices in thoughts:

  • Don’t agree to repair pricing with opponents.
  • Don’t agree with opponents to boycott or refuse to take care of one other dealer or enterprise.
  • Don’t agree with opponents to divide up markets, prospects or apply areas.  Market allocation agreements, akin to “you’re taking listings on the east aspect of city and I’ll take listings on the west aspect” are usually unlawful.
  • Brokers could also be held chargeable for the anticompetitive conduct of their salespeople and workers.  Implement a written antitrust compliance program and repeatedly educate salespeople and workers concerning the antitrust legal guidelines.
  • By no means contribute to anticompetitive discussions – whether or not in-person or on-line.  If you end up in a gathering or dialog the place anticompetitive conduct happens, make your objection clear by leaving the assembly and ask that your objection be recorded within the minutes or doc it in a follow-up e mail.

REALTORS® play a pivotal position in facilitating one of the necessary transactions in a client’s lifetime, and due to REALTORS® collaborating within the MLS, these native dealer marketplaces assist guarantee consumers and sellers have the best entry, transparency and selection in relation to actual property companies.

For extra details about competitors in actual property and associated assets, take a look at

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