Casa Academy

Reviewed by Casa Academy and updated July 29, 2026 using the current DBPR checklist and Pearson VUE scheduling guidance.

Price Fixing

Price fixing in real estate is an antitrust violation where competing brokers or associations agree to set commission rates, fees, or listing prices rather than letting the market and individual negotiation determine compensation and pricing, exposing participants to federal and state enforcement.

Exam context

Price fixing sets fees or prices by agreement among competitors. Sherman Act violation. Group boycotting refuses to deal with discounters. Independent commission negotiation is legal.

Illegal agreements

Brokers may not collude to charge identical commission percentages, boycott discounters, or publish mandatory fee schedules that eliminate competition. Trade association meetings that coordinate pricing trigger Sherman Act scrutiny. Cooperative compensation published in MLS is not price fixing when each listing broker independently sets the offer to buyer agents.

Compliance for licensees

Agents independently negotiate commissions with clients under written agreements. Referral fees must be disclosed. Boycotts of firms offering lower fees violate antitrust law. License exams test recognition of group boycotting and price fixing as serious ethical and legal breaches distinct from legitimate marketing cooperatives.

Examples

  • Fixed commission pact

    Three brokerage owners agree every residential listing in town will carry a 7% commission. DOJ treats this as horizontal price fixing regardless of local custom.

  • Legal MLS offer

    A listing broker unilaterally offers 2.5% to buyer agents in MLS while a competitor offers 2%. Different compensation offers without collusion are permitted.

Keep studying

Practice price fixing questionsEnroll in pre-licensing

Related terms

Related resources

Sources