Tag: Real Estate and Mortgages

The Commission charged that West Penn Multi-List, operator of the only MLS service for the Pittsburgh metropolitan area, unreasonablay restricted access to its MLS services, which restrained competition.  Specifically, West Penn’s MLS rules limited publication and marketing of the listing of sellers’ properties based solely on the terms of the seller’s listing contract with the real estate broker. The MLS provider limited MLS access to those brokers with a traditional full-time listing agreement with their seller, thus constraining the ability of brokers with non-traditional listing agreements to compete.  To settle the charges, West Penn agreed to a consent order which prohibits West Penn from adopting or enforcing rules that (1) require brokers to comply with the MLS form contract and submit copies of their listing contracts to the MLS, and that (2) discourage brokers and home sellers from contracting for services for terms of less than a year.

Multiple Listing Service, Inc. (MLS), a group of real estate professionals based in Milwaukee, Wisconsin, settled charges that its rules unreasonably restrained competition among real estate brokers in Milwaukee.  The complaint alleges that MLS acted anticompetitively by adopting rules and policies that limit the publication and marketing of certain sellers’ properties, but not others, based solely on the terms of their respective listing contracts. The Commission alleged that the rules were collusive and exclusionary and served to withhold valuable benefits of the MLS from brokers who did not use traditional listing contracts with their customers.  Under the terms of the December 2007 consent, MLS is barred from adopting or enforcing any rule that treats one type of real estate listing agreement more advantageously than any other, and from interfering with the ability of its members to enter into any kind of lawful listing agreement with home sellers.

The Commission filed an administrative complaint challenging a set of rules adopted by MiRealSource, Inc. to keep Exclusive Agency Listings from being listed on its MLS, as well as other rules that restricted competition in real estate brokerage services. The complaint alleges that the conduct was collusive and exclusionary, because in agreeing to keep non-traditional listings off the MLS or from public Web sites, the brokers enacting the rules were, in effect, agreeing among themselves to limit the manner in which they compete with one another, and withholding valuable benefits of the MLS from real estate brokers who did not go along. On February 5, 2007 the Commission approved a consent order in which MiRealSource agreed to abandon such collusive conduct and provide its services to all member brokers representing potential home sellers, regardless of the type of listing contract that they choose.

The Realtors Association of Northeast Wisconsin, Inc. settled charges that it violated the antitrust laws by adopting rules that withheld valuable benefits of the Multiple Listing Services (MLSs) it controlled from consumers who chose to enter into non-traditional listing contracts with real estate brokers. According to the complaint, the association's rules or policies state that information about properties will not be made available on popular real estate Web sites unless the listing contracts are Exclusive Right to Sell Listings. These policies, when implemented, prevented properties with non-traditional listing contracts from being displayed on a wide range of public Web sites.The consent order settling the FTC’s charges will prohibit Realtors Association of Northeast Wisconsin from discriminating against non-traditional listing arrangements.

The Northern New England Real Estate Network, Inc. settled charges that it violated the antitrust laws by adopting rules that withheld valuable benefits of the Multiple Listing Services (MLSs) it controlled from consumers who chose to enter into non-traditional listing contracts with real estate brokers. According to the complaint, the association's rules or policies state that information about properties will not be made available on popular real estate Web sites unless the listing contracts are Exclusive Right to Sell Listings. These policies, when implemented, prevented properties with non-traditional listing contracts from being displayed on a wide range of public Web sites.The consent order settling the FTC’s charges will prohibit Northern New England Real Estate Network, Inc. from discriminating against non-traditional listing arrangements.

The Williamsburg Area Association of Realtors, Inc. settled charges that it violated the antitrust laws by adopting rules that withheld valuable benefits of the Multiple Listing Services (MLSs) it controlled from consumers who chose to enter into non-traditional listing contracts with real estate brokers. According to the complaint, the association's rules or policies state that information about properties will not be made available on popular real estate Web sites unless the listing contracts are Exclusive Right to Sell Listings. These policies, when implemented, prevented properties with non-traditional listing contracts from being displayed on a wide range of public Web sites.The consent order settling the FTC’s charges will prohibit Williamsburg Area Association of Realtors from discriminating against non-traditional listing arrangements.

The Monmouth County Association of Reators settled charges that it violated the antitrust laws by adopting rules that withheld valuable benefits of the Multiple Listing Services (MLSs) it controlled from consumers who chose to enter into non-traditional listing contracts with real estate brokers. According to the complaint, the association's rules or policies state that information about properties will not be made available on popular real estate Web sites unless the listing contracts are Exclusive Right to Sell Listings. These policies, when implemented, prevented properties with non-traditional listing contracts from being displayed on a wide range of public Web sites.The consent order settling the FTC’s charges will prohibit Monmouth from discriminating against non-traditional listing arrangements.

Information and Real Estate Services, LLC settled charges that it violated the antitrust laws by adopting rules that withheld valuable benefits of the Multiple Listing Services (MLSs) it controlled from consumers who chose to enter into non-traditional listing contracts with real estate brokers. According to the complaint, the association's rules or policies state that information about properties will not be made available on popular real estate Web sites unless the listing contracts are Exclusive Right to Sell Listings. These policies, when implemented, prevented properties with non-traditional listing contracts from being displayed on a wide range of public Web sites.The consent order settling the FTC’s charges will prohibit IRES from discriminating against non-traditional listing arrangements.