Texas REALTORS® 2018 Winter Meeting | Feb. 9-13 | Austin, Texas

Are you violating antitrust laws?

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01/12/2016 | Author: Editorial Staff

Certain activities can result in antitrust violations, but which ones? See if you know what’s acceptable, who could be held responsible, and what to do if you think you’re involved in a discussion that could be problematic.

1. Which of the following could be an antitrust violation?

a. Promising another agent that you won’t work in his market if he avoids yours
b. Agreeing with other agents or firms to boycott an ancillary services company that has practices you don’t like
c. Setting the same fees and commission splits as a competitor through a formal agreement
d. a. and c.
e. All of the above
f. None of the above

2. Firms and agents within the same city can charge the same commission rate as long as:

a. They discussed the terms with each other informally
b. They arrived at the figure independently of each other
c. They can’t; having the same rate is always an antitrust violation

3. True or false? A broker can be liable for antitrust violations by one of her agents even if the broker was unaware of the violation.

4. If you are present during a discussion that seems like a possible antitrust violation, you should:
a. Leave quickly and quietly
b. Leave the meeting, but interrupt the discussion and say why
c. Place your hands over your ears

5. True or false? Two agents within the same brokerage can charge different commissions if their broker allows it.

6. Which of the following statements should you avoid?
a. "This is a standard rate."
b. "I refuse to lower my commission."
c. "Most agents charge this."


1. e.
2. b. Even informal discussions can become the basis for an antitrust violation. 
3. True. 
4. b. In a formal meeting you should also ask that the reason you’re leaving be noted in the minutes. 
5. True. 
6. a. and c.

This quiz originally appeared in the December issue of Texas REALTOR® magazine. View the digital issue here.

Categories: Legal
Tags: quiz, antitrust

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The material provided here is for informational purposes only and is not intended and should not be considered as legal advice for your particular matter. You should contact your attorney to obtain advice with respect to any particular issue or problem. Applicability of the legal principles discussed in this material may differ substantially in individual situations.

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