Antitrust, Compensation, and Professional Judgment in Real Estate

Antitrust issues are a legal problem faced by real estate agents. In this course, we'll explain practices to reduce antitrust liabilities. The topics covered in this course include:

1. Orientation & Framing - This opening chapter establishes the purpose and tone of the course. Participants are introduced to the structural nature of antitrust law and why independent judgment matters in real estate practice. The focus is not fear — but professional clarity.
   
2. Why Antitrust Exists - This chapter explains the foundational purpose of antitrust law: protecting competition and consumers. It clarifies how antitrust focuses on outcomes and patterns of behavior rather than intent, and why real estate markets are particularly vulnerable to risk.
   
3. The Big Three - Participants examine the three primary areas of antitrust concern in real estate: price fixing, market allocation, and group boycotts. Practical examples illustrate how everyday conversations and habits can unintentionally create exposure.
   
4. Compensation, Competition, & Independence - This chapter clarifies the relationship between compensation practices and competitive independence. It reinforces that each broker operates as an independent business and must make decisions without coordination or influence from competitors.
   
5. Where Agents Get Into Trouble - Through realistic scenarios, this chapter highlights common risk points in meetings, online discussions, and informal conversations. Participants learn how ordinary industry habits can create unintended legal consequences.
   
6. Words Create Lawsuits - This chapter explores how language — even casual remarks — can be interpreted as evidence of coordinated behavior. Participants learn why precision in communication matters and how documentation can either protect or expose a brokerage.
   
7. Explaining the Options: Negotiating Compensation - Participants learn how to discuss compensation clearly and legally with clients. The emphasis is on presenting choices, maintaining independence, and avoiding statements that imply industry-wide standards or coordination.
   
8. What to Do When It Gets Weird - This chapter prepares agents for uncomfortable or ambiguous situations. It provides practical guidance for responding to risky conversations, declining inappropriate discussions, and redirecting dialogue toward independent decision-making.
   
9. Independence Is the Point - The course concludes by reinforcing the core principle of antitrust compliance: independent judgment. Participants leave with a clear understanding that professionalism, clarity, and disciplined communication protect both their business and the marketplace.