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States Gain Control Over Real Estate Brokers: Limiting Federal Antitrust Law.

This bill shifts primary regulatory authority over real estate brokers from the federal government to individual states. It significantly limits the application of major federal antitrust laws (like the Sherman and Clayton Acts) in areas where state law already provides regulation. Crucially, the bill voids all prior federal laws, rules, or settlements related to real estate brokers, potentially impacting recent agreements on commission structures for home buyers and sellers.
Key points
Federal antitrust laws (designed to ensure competition and prevent price fixing) will no longer apply to real estate brokers if their business is regulated by state law.
All previous federal rules, laws, or settlements concerning real estate brokers are declared null and void upon the bill's passage.
States gain full authority to regulate and tax broker activities, which could change how commissions are handled for consumers buying and selling property.
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Additional Information
Print number: 118_HR_9452
Sponsor: Rep. Posey, Bill [R-FL-8]
Process start date: 2024-09-03