National Real Estate Practice Exam

What must brokers ensure to avoid violations of the Sherman Antitrust Act?

1. Set flexible commission rates

2. Engage in price fixing

3. Discuss market prices among themselves

4. Maintain open competition

The correct answer is: Maintain open competition

To avoid violations of the Sherman Antitrust Act, brokers must maintain open competition. The Sherman Antitrust Act is designed to promote fair competition for the benefit of consumers, and it prohibits activities that restrain trade or commerce. Maintaining open competition means that brokers allow the market to determine prices and practices rather than colluding to manipulate those factors. When brokers engage in open competition, they foster an environment where prices reflect supply and demand rather than being artificially inflated or fixed through agreements with one another. This practice ensures that consumers have choices and that the market operates efficiently, which is essential for a healthy economic environment. In contrast, establishing flexible commission rates (which could potentially allow for fair competition) is not sufficient on its own to avoid antitrust issues. Engaging in price fixing or discussing market prices among themselves directly contradicts the principles of the Sherman Antitrust Act, as these actions can lead to anti-competitive practices that harm consumers and distort the market. Therefore, actively promoting and ensuring open competition is the best strategy for brokers to comply with antitrust laws.