Common Sense Real Estate Consumer Rights Protection Act of 2024

[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 9452 Introduced in House (IH)]

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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.


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                    IN THE HOUSE OF REPRESENTATIVES

                           September 3, 2024

  Mr. Posey introduced the following bill; which was referred to the 
                       Committee on the Judiciary

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                                 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 Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as ``Common Sense Real Estate Consumer Rights 
Protection Act of 2024''.

SEC. 2. DECLARATION OF POLICY.

    Congress hereby declares that the continued regulation and taxation 
by the several States of the business of representing 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 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 settlements relating to real estate brokers are 
null and void upon passage of this bill.

SEC. 3. REGULATION BY STATE LAW; FEDERAL LAW RELATING SPECIFICALLY TO 
              SELLING AND BUYING OF REAL PROPERTY.

    (a) State Regulation.--The business of representing 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 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, or which imposes a fee or tax upon such business, unless 
such Act specifically relates 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 amended, 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 representing 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 regulated by State law.
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