Anti-Trust Policy

Blue Ridge Association of REALTORS® Antitrust Policy - April, 2006

Picture of Anti-Trust Policy
 

The Blue Ridge Association of REALTORS® (BRAR) has an antitrust compliance policy which applies to all offices, directors, employees, and members of the Association. This policy requires that such individuals be familiar and fully comply with all applicable federal and state antitrust laws in all dealings on behalf of BRAR. BRAR and its facilities shall not be used by any officer, director, committee, member, or staff in connection with any anti-competitive or unlawful purpose, or unreasonable restraint of trade.

The Dos and Don'ts presented below highlight basic antitrust principles. Members should consult counsel in all cases involving specific situations, interpretations, or advice.

DO NOT:

  1. Do not, in fact or appearance, discuss or exchange information regarding:
    1. Commission levels, fees, business expenses or other business information or policies which would allow or encourage price fixing or maintenance;
    2. Bids on contracts for particular properties or any information which would allow or encourage bid rigging;
    3. Actions relating to actual or potential competitors that might have the effect of excluding them from your market or of influencing the business conduct of customers towards such competitors;
    4. Plans of individual companies concerning proposed or existing territories or customers;
    5. A firm's competitive business decisions;
    6. The duration or types of listing agreements or the form of compensation accepted.
    7. The compensation offered or paid to a firm's agents or employees;
    8. Any other actions that might be construed as concerted attempts to restrain competition, including joint attempts to control or affect prices, market conditions, marketing practices, customer choice, etc.
  2. Do not discuss or exchange information regarding the above matters during social gatherings incidental to BRAR-sponsored meetings, or in on-line chat groups or list-serves, even in jest.
  3. In addition, any general historical statistical data collected by BRAR is for use and analysis by individual businesses and should not be discussed among competitors at organized functions or otherwise.

DO:

  1. Adhere to prepared agendas for all BRAR meetings and object any time meeting minutes do not accurately reflect the matters which transpired.
  2. Consult with the BRAR CEO and your company legal counsel on all antitrust questions relating to BRAR meetings.
  3. Protect against any discussions or meeting activities that appear to violate the antitrust laws; disassociate yourself from any such discussions and leave any meeting in which they continue.

Official Antitrust Policy - April, 2006


It is the policy of the BRAR to comply strictly with the antitrust laws, and in furtherance of this goal.

(1) Company Policies. Members shall not discuss with any competitor individual company policies relating to prices or related types of sensitive information, including (a) commission levels, fees, business expenses or other business information or policies which would allow or encourage price fixing or maintenance; (b) bids on contracts for particular properties or any information which would allow or encourage bid rigging; (c) a firm's competitive business decisions; (d) duration or types of listing agreements the firm will enter into or the form of compensation the firm will accept or negotiate; (e) the compensation offered or paid to a firm's agents or employees; (f) plans concerning any proposed or existing customers, clients or territories; (g) any other actions that might be construed as concerted attempts to restrain competition, including joint attempts to control or affect prices, market conditions, marketing practices, customer choice, or the like.

(2) Realtor Association Membership. Membership in national, state and local Realtor associations is open to any individual or entity meeting the membership qualifications set forth in the bylaws of the association, without regard to the type of business models employed by its company. No member shall urge on the leadership or membership of BRAR or on any competitor that membership in any Realtor association be limited to companies practicing particular business models, or that membership be denied to companies or members practicing business models with which the member is in competition or with which the member is unfamiliar or uncomfortable. Members shall take no action to influence the business conduct of customers or other members towards such competitors.

(3) Conduct of Meetings. Topics that may give an appearance of an agreement that would violate the antitrust laws may not be discussed at BRAR meetings. The presences of BRAR counsel or staff at a meeting should not invite discussion of matters that violate the letter or spirit of this policy or the antitrust laws. It is the responsibility of each member in the first instance to avoid raising improper subjects for discussion. However, if discussion of any inappropriate topics occurs at any meeting, all members present should openly disassociate themselves from such discussions, and if the discussions do not end immediately, the meeting should be brought to a prompt adjournment by the person in charge of the conduct of the meeting. Committee chairs and others conducting meetings will find that adherence to prepared agendas for all BRAR meetings will reduce the likelihood of inappropriate discussions.

Members should also be aware that informal or social settings are inappropriate for discussion of the topics described in this policy, and that casual comments - even those made in jest - might have serious antitrust implications.

This policy statement has been prepared to assure that BRAR members, and especially participants in VAR and other Realtor association meetings, are aware of their obligations under antitrust law. Consequently, members conducting or participating in meetings of any Realtor association shall see to the strict enforcement of this policy. Members with questions about antitrust issues should contact VAR counsel or seek other competent advice in all cases involving specific situations as they arise, or when in need of guidance.