Can you conspire twice




















If they choose to not cooperate with another company in agreement with other firms, they violate the antitrust laws. The best way to persuade sellers that they should enter into an exclusive-right-to-sell agreement with you is to tell them that MLS members have an "informal understanding" to show buyers exclusive-right-to-sell listings first. Correct Answer: False Stating that MLS members have an "informal understanding" about properties with exclusive-right-to-sell agreements could be understood by the seller to mean that there is an informal agreement — which would be an illegal conspiracy.

An "informal understanding" is just as illegal as a written agreement that all parties sign. Participants in an antitrust conspiracy almost never put their agreement in writing, but that merely makes the existence of the agreement, and the parties to it, a bit harder to prove.

It is an unlawful agreement nevertheless. My company benefits from MLS participation, but we don't want to pay a cooperative commission split to real estate companies that offer only nominal compensation on their listings, which we think they include simply so that their listings are shown on REALTOR. But if we decide to offer them the same amount of compensation that they offer us, we'll be breaking the law.

Correct Answer: False A company may offer any other company any commission split it chooses, as long as it determines to do so on its own and advises the other company privately and in advance, such as by sending a letter to that company.

A commission split that differs from what is offered in the MLS to all companies generally may be referred to as a "punitive split. This is true even if a number of companies decide to offer a certain company the same split that it offers to them, with the result that they all offer the same split to that company.

As long as each company can demonstrate that it determined to offer a different split unilaterally and without discussion or agreement with other firms, it is not illegal under the antitrust laws. Antitrust price-fixing rules do not allow a real estate company to engage in a public advertising campaign that highlights the commission rate it charges to consumers. Correct Answer: False The prohibition on price fixing forbids agreements among competitors on prices, such as real estate listing commission rates, including commission splits.

The law does not preclude a competitor who establishes its commission rate unilaterally and without agreement with other companies from advertising that commission rate. The law also allows that competitor to engage in competitive advertising, in which the company explicitly compares its stated commission rate to the rates publicly promoted or advertised by other firms, provided that the advertising was truthful and not misleading.

But everything that happens twice will surely happen a third time. Everyone seems to have a clear idea of how other people should lead their lives, but none about his or her own. So it's better to listen to what it has to say. It required no explanation, just as the universe needs none as it travels through endless time.

What the boy felt at that moment was that he was in the presence of the only woman in his life, and that, with no need for words, she recognized the same thing. He was more certain of it than of anything in the world.

He had been told by his parents and grandparents that he must fall in love and really know a person before becoming committed. But maybe people who felt that way had never learned the universal language. Because, when you know that language, it's easy to understand that someone in the world awaits you, whether it's in the middle of the desert or in some great city.

And when two such people encounter each other, and their eyes meet, the past and the future become unimportant. There is only that moment, and the incredible certainty that everything under the sun has been written by one hand only.

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