4.OTHER TYPES OF DISCLOSURE AND ANTITRUST LAWS

Brigita Safyra
Mind Map by Brigita Safyra, updated more than 1 year ago
Brigita Safyra
Created by Brigita Safyra over 5 years ago
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4.OTHER TYPES OF DISCLOSURE AND ANTITRUST LAWS
  1. STIGMATIZED PROPERTY is property which buyers or tenants may shun for reasons that are unrelated to its physical condition or features. These can include murder, suicide, or even AIDS, in addition to a belief that a house may be haunted. The concept is controversial.
    1. UNCAPPED WELL DISCLOSURE any person,firm,company,partnership or corporation offering to sell real property on which uncapped natural gas wells are situated,and of witch such person,firm,company,partnership or corporation has actual knowledge,shall inform any purchaser of the existence of these wells prior to entering into a contract for the sale /purchase of such property.
      1. AGRICULTURAL DISTRICTS when any purchase and sales contract is presented for the sale,purchase ,or exchange of real property located partially or wholly within an agricultural district,sales contract includes agricultural district disclosure form,
        1. COMMISSION ESCROW ACT provision requiring the seller to deposit unpaid commissions with county clerk until it has been decided whether the broker is entitled to the commission called for under a written contract of brokerage agreement.
          1. ANTITRUST LAWS
            1. SHERMAN Antitrust ACT (Sherman Act, 26 Stat. 209, 15 U.S.C. §§ 1–7) is a landmark federal statute in the history of United States antitrust law (or "competition law") passed by Congress in 1890.
              1. PRICE FIXING is an agreement (written,verbal,or inferred from conduct) among competitors that raises,lowers,or stabilizes prices or competitive terms.Generally the antitrust laws require that eacg company establishes prices and other terms on its ownm,without agreeing with competitors,
                1. ALLOCATION OR MARKET DIVISION plain agreements among competitors to divide sales territories or assign customers are almost always illegal.
                  1. GROUP BOYCOTT any company may on its own refuse to do business with another firm,but an agreement among competitors not to do business with targeted individuals or businesses may be an illegal boycott,especially if the group working together has market power.
                    1. TIE-IN ARRANGEMENTS can occur when a broker as a condition of a sale tells the buyer that they must use a certain mortgage company as a condition of the buyer agency agreement.This would be illegal.
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