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REALTOR® Emeritus |  | Risk management Avoiding Antitrust Risk | | ||
|  Three Lines of Defense Against Risk Keeping Risks Under Control Controlling Transaction Risks Agency Disclosure Avoiding Antitrust Risks Minimizing Liability from Contracts Fair Housing Risks Controlling Personnel Risks Communications Policies to Minimize Risks Insuring Against Risks More Resources: Controlling Business Risks Code of Ethics: Controlling Business Risks | 6 Simple Antitrust Prevention Tips Compliance with antitrust laws doesn't involve a lot of expense and rigorous documentation. It does require that you and your company’s salespeople have a clear understanding of the law, a sensitivity to potential problem areas, and a consistent commitment to avoiding circumstance that might imply violations. 1. Analyze market conditions, transaction costs, and income to justify your company's prices or fees. Even if they happen to be the same as the competition's, you will be able to defend against inferences of conspiracy. 2. Never preprint commission percentages or listing periods into your listing agreements. —Jodi Tuttle, general counsel for the Indiana Association of REALTORS®, “What You Don’t Know About Antitrust Can Ruin You,” Indiana REALTOR®, May 2001 3. Develop a written antitrust compliance policy for your company. Brokers may be held liable if salespeople violate antitrust laws. 4. Teach sales associates the proper way to differentiate themselves from competitors by emphasizing the quality and service the company provides rather than disparaging the competition. 5. Instruct your sales associates on the meaning of antitrust law, and train them not to discuss your company's pricing and commission policies with competitors. 6. Never use the word "standard" or "prevailing" when describing your fees and services. Adapted from, “Antitrust,” Allen Sakai, Washington REALTOR® , The Washington Association of REALTORS®, October 1992 Contract Requirements > | |