UNIT 15 REAL ESTATE BROKERAGE

Question 1

ANTI TRUST LAWS (PG 281-282)

WHAT ARE 4 TYPES OF ANTITRUST LAWS

Answer 1

1) PRICE FIXING
2) GROUP BOYCOTTING
3) ALLOCATION OF CUSTOMER MARKETS
4) TIE IN AGREEMENTS

Question 2

PENALTIES FOR ANTITRUST LAWS (PG 282)

Answer 2

• SEVERE
• AFTER 2004 UP TO 1 MILLION DOLLARS
  & OR UP TO 10 YEARS IN PRISON
  -CORPORATIONS CAN BE FINED UP TO 100
  MILLION PER OFFENSE
• UNDER THE “CLAYTON ACT” INJURED PARTIES
  CAN BE AWARDED UP TO 3 TIMES THE
  AMOUNT OF DAMAGES, ATTORNEY FEES, &
  OTHER LITIGATION COSTS
  -FEDERAL TRADE COMMISSIONS CAN
  ISSUE CEASE & DESIST ORDERS TO STOP
  VIOLATORS FROM ANTITRUST PRACTICES

Question 3

LEGAL CONSIDERATION &TECHNOLOGY (PG 282-286)

• INTERNET WEBSITES
• SOCIAL NETWORKING SITES
• EMAIL
• INTERNET ADVERTISING
• NATIONAL DO NOT CALL REGISTRY
• CAN-SPAM
• JUNK FAX PREVENTION ACT OF 2005

Answer 3

INTERNET WEBSITES
      OPT IN/ OUT ALLOWING MLS 
     PARTICIPANTS TO KEEP LISTINGS OFF 
     COMPETITORS WEBSITES 
- THEY CAN DISPLAY LISTINGS ON WEBSITES IF 
      THE BUYER WANTS 

SOCIAL NETWORKING SITES:

• Set by Broker of Records
• sets permanent records

E-MAIL:
-avoid spelling errors
- respond promptly
- be specific
- pay attn to size of attachment sent
- no unsolicited email
INTERNET ADVERTISING:
PENNSYLVANIA LAW:
- RE licensees may not make a subs
misrepresentation or false promise
- no misleading or untruthful advertising
- FB does not allow business activities on personal
pages
- must be a true representation & not misleading
…………..
NATIONAL DO NOT CALL REGISTRY
-mandated by the FEDERAL TRADE COMMISSION
-the registry does not limit calls by political
organizations, charities, collection agencies,
telephone surveyors
- RE AGENTS can call pre existing customers for up
to 18 mos.after consumers last purchase, delivery
or pmnt EVEN IF the consumer is listed on the do
not call registry
- AGENTS CAN CALL up to 3 mos after a consumer
makes an inquiry or an application.
- if asked NOT TO CALL, THEN NO CALLS FOR 5
YEARS
-since 2005, telemarketers and sellers are required
to search at least every 31 day’s & drop
consumers #’s from call lists
CAN-SPAM
CONTROLLING THE ASSAULT OF NON SOLICITED PORNOGRAPHY & MARKETING ACT.
- establishes requirements for sending commercial
e-mails
-spells out penalty those who don’t comply & not
just to spammers
- gives consumers the right to have e-mails stopped
…….. pg 285
JUNK FAXES ACT OF 2005:
EBR ESTABLISHED BUSINESS RELATIONSHIPS
- RE LICENSEES CAN NOT legally send unsolicited
commercial fax msgs. w/o express written
consent OR w/o an established business
relationship.
- requires company to offer an opt-out met on the 1st
page of the fax, can opt out any time of the
day ……. pg 286

Question 4

RE BROKERAGE IS

PG 286 KEYPOINT REVIEW

Answer 4

• the act of bringing people together who
  want to buy, sell, trade or lease
• a broker may hire RE salesperson or associate
  brokers to assist in this work
  -affiliated licensees work on THE BROKERS BEHALF
  as either employees or independent contractors
  -an EMPLOYEE may receive benefits IN LIEU of or in
  addition to commissions & may receive benefits
• brokers treat them as EMPLOYEES, withholding,
  setting hours, duties, etc.