To Comply with Antitrust Laws

  • You must be committed to abiding by all applicable antitrust laws.
  • Understand that the commission rates of your firm are based upon the cost of the services you provide, the value of these services to your clients and competitive market conditions. Your commission rates are not determined by agreement with, or recommendation or suggestion from any person not a party to a listing agreement with your firm.
  • You shall not participate in any discussion with any person affiliated with or employed by any other real estate firm concerning the commission rates charged by your firm, or any other real estate firm in your community. Commissions should only be discussed with individuals within the office or with the client in the course of discussing or negotiating a listing agreement.
  • When soliciting a listing, or negotiating a listing agreement, you must not make any reference to a "prevailing" commission level in the community, the "going rate," or any other words or phrases that suggest that commission rates are uniform or "standard" within our marketing area.
  • The amount of compensation offered to cooperating offices offered by your firm to cooperating brokers or "commission split," is determined by the level of service we can expect a cooperating office to perform, and the amount of compensation necessary to induce cooperation under prevailing market conditions. You should NOT discuss the total commission of the listing with the competitor, only the amount he or she is to offer or receive. Commission splits, are not intended, and may not be used, to induce or compel any other real estate firm in your marketing area to raise or lower the commission they charge to their client.
  • When soliciting or negotiating a listing agreement, you must not disparage the business practices of any other real estate firm, nor suggest that your office, or any other office, will not cooperate with any other real estate firm. Listing presentations shall focus exclusively upon the level of service and professionalism provided by your office, the results you have achieved for other clients, and the value the client can expect to receive for the fees you charge. Potential clients should be invited, and encouraged, to compare the value of your services to those of any other real estate firm in your marketing area. Likewise, any salesperson who is invited by a potential client to compare your services with those of any other real estate firm should do so by emphasizing the nature and quality of the services you provide.
  • Whenever you are unsure about the proper way to respond to the concerns of an actual or potential client or customer, or whenever you have been present during an unauthorized discussion of fees or commissions, you should contact your principal broker or sales manager immediately. If necessary, the broker manager will consult your firm's attorney.