What You Need to Know about Real Estate Antitrust Issues
MIAMI REALTORS®
Legal Updates & Resources

What You Need to Know about Real Estate Antitrust Issues

What You Need to Know about Real Estate Antitrust Issues
What You Need to Know about Real Estate Antitrust Issues

REMEMBER WHY ANTITRUST ISSUES MATTER:

MIAMI REALTORS®, a not-for-profit trade association, is the voice for real estate, influencing and shaping the industry, and is devoted to being the business and public policy advocate for REALTORS®. MIAMI meetings and events often include real estate professionals and other industry stakeholders who compete with each other or work for competing businesses. MIAMI is committed to conducting all meetings and events in a professional, ethical, and lawful manner, including adherence to all antitrustlaws. This ensures pro-consumer, pro-competitive marketplaces that facilitate the sale of real estate.

CONSEQUENCES FOR VIOLATING ANTITRUST LAWS:

  • Civil and criminal penalties

  • Treble damages and attorneys’ fees

  • Private and government enforcement

SOCIAL MEDIA BEST PRACTICES:

  • Regularly monitor social media
  • Remove discussions or comments that disparage competitors
  • Train your teams on proper social media usage

DO:

  • Join MIAMI REALTORS® in committing to antitrust compliance.
  • Refuse to participate in any discussions or agreements that violate antitrust laws.
  • Focus on advancing the interest of real estate professionals and consumers of real estate services, increasing competition, reducing risk for all parties involved in real estate transactions, and sharing insights on best practices.
  • ALWAYS MAKE ALL DECISIONS UNILATERALLY AND INDEPENDENTLY!

 DISCUSSION OF THESE TOPICS IS ALWAYS PROHIBITED:

  • Fixing prices or commissions
  • Limiting products or service offerings
  • Allocating geographic territory or customers
  • Refusing to deal

 

Many thanks to Brian D. Schneider, Esq., a partner with ArentFox Schiff, for hosting a webinar on what you need to know to avoid antitrust issues in real estate. To view the recording, watch it here or on MIAMI REALTORS Live.

Click HERE for a toolkit on why antitrust issues matter, and a list of dos and don’ts that you can download and share. For more resources, check out NAR’s guide on antitrust laws and NAR’s guide on “Code Comprehension: Article 16 – Commissions are Negotiable.”

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