As an adjunct to its enforcement activities, the FTC also undertakes competition advocacy to encourage government decision-makers at all levels to evaluate both the costs and benefits of their policies for consumers to ensure such policies promote consumer welfare. As part of the competition advocacy program, the FTC, along with the Department of Justice Antitrust Division, has sent letters to officials in Texas, Missouri, Alabama, and Michigan, encouraging them not to adopt minimum-service laws, which mandate a minimum number of real estate brokerage services that a consumer must purchase when entering into a relationship with a real estate agent. In our letters, we have noted that these laws would reduce consumer choice and likely lead to higher prices for real estate brokerage. Further, in reviewing minimum-service brokerage proposals in several states, we have not encountered any evidence of consumer harm from limited service brokers (for example fraud or misfeasance) that would justify these minimum-service laws.

2007

• Housing, Real Estate
  FTC and Department of Justice Comments to the Honorable Helene E. Weinstein, Chair, Committee on Judiciary, New York State Assembly, Regarding New York Assembly Bill A01837, To Establish That Certain Services Related To Real Estate Transactions May Be Provided Only By Attorneys (April 2007) (V070004)

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2006

• Housing, Real Estate
  FTC and Department of Justice Comments to the Honorable Helene E. Weinstein Regarding New York A.B. A05596 to Establish that Certain Services Related to Real Estate Transactions May be Provided Only by Attorneys (June 2006) (V060016)

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2005

• Housing, Real Estate
  FTC and Department of Justice Comments to The Honorable Alan Sanborn Concerning Michigan H.B. 4849, Which Would Impose Minimum Service Requirements on Real Estate Brokers
  (Oct. 2005) (V050021)



• Housing, Real Estate
  FTC and Department of Justice Comment to the Honorable Matt Blunt Concerning Missouri H.B. 174 to Impose Minimum Service Requirements on Real Estate Brokers (May 2005) (V050010).
  
  
  
• Housing, Real Estate
  FTC and Department of Justice Comment Before the Alabama State House Concerning House Bill 156 -- Proposed Amendments to Section 34-27-84, Code of Alabama (May 2005) (V050008)

• Housing, Real Estate
  FTC and Department of Justice Comment Before the Texas Real Estate Commission Concerning Proposed Amendments to 22 Tex. Admin Code § 535.2 to Impose Minimum Service Requirements on Real Estate Brokers (Apr. 2005) (V050007)

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2004

• Housing, Real Estate
  FTC Staff and Department of Justice Antitrust Division Comment to the Honorable Paul Kujawski Concerning Proposed Massachusetts H.B. 180 to Authorize Non-Attorneys to Perform Certain Real Estate Settlement Services (Oct. 2004) (V040025)

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2003

• Practice of Law
  FTC and Department of Justice Comment to the Georgia State Bar Standing Committee on the Unlicensed Practice of Law Concerning the Performance of Certain Real-Estate Closing Activities by Non-Lawyers (Mar. 2003) (V030007)

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2002

• Housing, Real Estate
  FTC Staff Comment Before the Department of Housing and Urban Development Concerning the Real Estate Settlement Procedures Act (“RESPA”) (Oct. 2002) (V030001)

• Housing, Real Estate
  FTC and Department of Justice Comment Before the Rhode Island House of Representatives Concerning Proposed Bill H. 7462 Restricting Competition from Non-Attorneys in Real Estate Closing Activities (April 2002) ( V020013)

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2001

• Practice of Law
  FTC and Department of Justice Comment to the Ethics Committee, North Carolina State Bar, Concerning the Involvement of Non-Attorneys in Real Estate Closing and Refinancing Transactions (Dec. 2001) (V020006)

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