January 6th - 2004

Competition: Know the Law

Real estate is a highly competitive industry. So, it's vital that every REALTOR understand competition law and the penalties for non-compliance.

Real estate is a highly competitive industry. So, it's vital that every REALTOR understand competition law and the penalties for non-compliance.

The purpose of the federal Competition Act is to maintain and encourage competition in the marketplace. It covers real estate boards, companies, brokers/agents and salespeople.

Make no mistake competition laws are to be taken very seriously. Here are seven suggestions from the Competition Bureau's Criminal branch designed for the real estate industry.

  • Do not collude with other REALTORS to fix commission fees, rates or splits or to boycott certain REALTORS or advertising media.
  • Do not discriminate against a REALTOR who is not a board member or who has a low commission policy
  • Do not encourage another RELATOR to raise commission rates or fees or discourage a REALTOR from lowering rates or fees
  • Do not encourage any independent advertising media to refuse advertisements from another REALTOR or refuse commission rate advertising or "for-sale-by-owner" advertising
  • Do not harass a REALTOR with frivolous ethics complaints
  • Do not interfere with REALTORS developing and advertising their individual product offerings
  • Do not mislead the public in advertisements or representations

If you engage in anti-competitive conduct and it is reported to or deducted by the Competition Bureau, the Branch of the department of Industry that enforces the legislation, you could be involved in an investigation.

Take care to avoid conduct that could give the perception of unlawful activity. Always be ready to explain to the consumer your pricing from the perspective of the value of the services you provide.

The Canadian Real Estate Association has developed a web site on competition. Go to www.realtorlink.ca. Look to the right of the screen under Latest and the Real Estate Competition Guide. The Competition Act is available at http://laws.justice.gc.ca .

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Ontario Real Estate Association

Jean-Adrien Delicano

Senior Manager, Media Relations

JeanAdrienD@orea.com

416-445-9910 ext. 246

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