The Multiple Listing Service (MLS) board members decided that the population of each area of the city would be best served by the brokerages who have offices actually located within those areas. The board established boundaries dividing the city into six districts and voted to limit listings for each district to only those brokerages with offices within the district. Brokerages who tried to advertise beyond their own district would be prohibited from listing properties in the MLS. This action violates what Real Estate Law?
Restricting brokers to certain areas and dividing territories constitutes market allocation, which is a violation of the Sherman Antitrust Act.
Antitrust laws prohibit price-fixing, group boycotts, and territorial/market allocation among competitors.
Correct answer = C.
A licensee listed a house for $187,500, and a dual agency does not exist. A buyer is willing to offer $184,000. The licensee explains that the seller will take no less than $186,500. The buyer agrees to offer $186,500. Did the licensee act properly?
Under fiduciary duties of a seller's agent in New Jersey:
A licensee must act in the best interest of their client (the seller).
The agent cannot disclose the seller's bottom line or confidential financial information without the seller's explicit consent.
Disclosing ''the seller will take no less than $186,500'' violated confidentiality and the duty of loyalty.
Thus, the licensee acted improperly.
Limiting the neighborhoods in which a licensee shows houses because of a buyer's race is:
Steering = Directing or discouraging buyers from certain neighborhoods based on race, religion, or other protected classes. This violates the Federal Fair Housing Act.
Blockbusting = Inducing owners to sell by suggesting a protected class moving into the neighborhood will lower values.
Redlining = Refusing loans or insurance in certain neighborhoods.
Puffing = Exaggerated sales talk, not discriminatory.
Therefore, the action described = steering.
What is the difference between a license to use property and an easement?
A license is a personal, revocable privilege to use another's land for a specific purpose (e.g., permission to fish in a pond). It can be canceled by the issuer at any time and does not run with the land.
An easement is a legal interest in another's land for a specific purpose (e.g., utility easement). It is not revocable by the grantor once legally granted.
Consideration is not required for a license or an easement (though it may be part of a contractual easement).
Thus, the main difference is that a license is revocable by the issuer, but an easement is not.
A CORRECT statement about transaction brokers is that they:
A transaction broker facilitates a real estate transaction without representing either party as an agent.
They owe both parties honesty and fairness but do not owe fiduciary duties such as loyalty or confidentiality.
They do not require client-level agency agreements.
They must still be licensed.
Correct answer = B.
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