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. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE. 
This Act may be cited as ‘‘Common Sense Real Es-
tate Consumer Rights Protection Act of 2024’’. 
SEC. 2. DECLARATION OF POLICY. 
Congress hereby declares that the continued regula-
tion and taxation by the several States of the business of 
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representing buyers and sellers in the real estate trans-
actions commonly understood and regulated and licensed 
by States as the business of State licensed real estate bro-
kers or their salespersons or any trade association to 
which they may belong is in the public interest, and that 
silence on the part of the Congress shall not be construed 
to impose any barrier to the regulation or taxation of such 
business by the several States. All prior laws, rules, or set-
tlements relating to real estate brokers are null and void 
upon passage of this bill. 
SEC. 3. REGULATION BY STATE LAW; FEDERAL LAW RELAT-
ING SPECIFICALLY TO SELLING AND BUYING 
OF REAL PROPERTY. 
(a) STATE REGULATION.—The business of rep-
resenting buyers and sellers in the real estate transactions 
commonly understood and regulated and licensed by 
States as the business of State licensed real estate brokers 
or their salespersons or any trade association to which 
they may belong, and every person engaged therein, shall 
be subject to the laws of the several States which relate 
to the regulation or taxation of such business. 
(b) FEDERAL REGULATION.—No Act of Congress 
shall be construed to invalidate, impair, or supersede any 
law enacted by any State for the purpose of regulating 
the business of representing buyers and sellers in the real 
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estate transactions commonly understood and regulated 
and licensed by States as the business of State licensed 
real estate brokers or their salespersons or any trade asso-
ciation to which they may belong, or which imposes a fee 
or tax upon such business, unless such Act specifically re-
lates to the business of commonly regulated and licensed 
by States as the profession of State licensed real estate 
brokers or their salespersons or any trade association to 
which they may belong: Provided, That after the date of 
enactment of this Act, the Act of July 2, 1890, as amend-
ed, known as the Sherman Act, as amended, and the Act 
of October 15, 1914, as amended, known as the Clayton 
Act, and the Act of September 26, 1914, known as the 
Federal Trade Commission Act, as amended (15 U.S.C. 
41 et seq.), shall be applicable to the business of rep-
resenting buyers and sellers in the real estate transactions 
commonly understood and regulated and licensed by states 
as the business of State licensed real estate brokers or 
their salespersons or any trade association to which they 
may belong to the extent that such business is not regu-
lated by State law. 
Æ 
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