I 

118TH CONGRESS 

2D SESSION H. R. 9452 

To provide antitrust exemptions for State licensed real estate brokers or 

their salespersons or any trade association to which they may belong 

regulated and licensed by States. 

IN THE HOUSE OF REPRESENTATIVES 

SEPTEMBER 3, 2024 

Mr. POSEY introduced the following bill; which was referred to the Committee 

on the Judiciary 

A BILL 

To provide antitrust exemptions for State licensed real estate 

brokers or their salespersons or any trade association 

to which they may belong regulated and licensed by 

States. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as ‘‘Common Sense Real Es5 tate Consumer Rights Protection Act of 2024’’. 

6 SEC. 2. DECLARATION OF POLICY. 

7 Congress hereby declares that the continued regula8 tion and taxation by the several States of the business of 


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1 representing buyers and sellers in the real estate trans2 actions commonly understood and regulated and licensed 

3 by States as the business of State licensed real estate bro4 kers or their salespersons or any trade association to 

5 which they may belong is in the public interest, and that 

6 silence on the part of the Congress shall not be construed 

7 to impose any barrier to the regulation or taxation of such 

8 business by the several States. All prior laws, rules, or set9 tlements relating to real estate brokers are null and void 

10 upon passage of this bill. 

11 SEC. 3. REGULATION BY STATE LAW; FEDERAL LAW RELAT12 ING SPECIFICALLY TO SELLING AND BUYING 

13 OF REAL PROPERTY. 

14 (a) STATE REGULATION.—The business of rep15 resenting buyers and sellers in the real estate transactions 

16 commonly understood and regulated and licensed by 

17 States as the business of State licensed real estate brokers 

18 or their salespersons or any trade association to which 

19 they may belong, and every person engaged therein, shall 

20 be subject to the laws of the several States which relate 

21 to the regulation or taxation of such business. 

22 (b) FEDERAL REGULATION.—No Act of Congress 

23 shall be construed to invalidate, impair, or supersede any 

24 law enacted by any State for the purpose of regulating 

25 the business of representing buyers and sellers in the real 


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1 estate transactions commonly understood and regulated 

2 and licensed by States as the business of State licensed 

3 real estate brokers or their salespersons or any trade asso4 ciation to which they may belong, or which imposes a fee 

5 or tax upon such business, unless such Act specifically re6 lates to the business of commonly regulated and licensed 

7 by States as the profession of State licensed real estate 

8 brokers or their salespersons or any trade association to 

9 which they may belong: Provided, That after the date of 

10 enactment of this Act, the Act of July 2, 1890, as amend11 ed, known as the Sherman Act, as amended, and the Act 

12 of October 15, 1914, as amended, known as the Clayton 

13 Act, and the Act of September 26, 1914, known as the 

14 Federal Trade Commission Act, as amended (15 U.S.C. 

15 41 et seq.), shall be applicable to the business of rep16 resenting buyers and sellers in the real estate transactions 

17 commonly understood and regulated and licensed by states 

18 as the business of State licensed real estate brokers or 

19 their salespersons or any trade association to which they 

20 may belong to the extent that such business is not regu21 lated by State law. 

Æ 


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