FOR IMMEDIATE RELEASE: December 31, 1987 FTC CITES NEW YORK REAL ESTATE SERVICE; REACHES CONSENT AGREEMENT The Federal Trade Commission today announced a consent agreement with Multiple Listing Service Mid County Inc. (Mid County) of Brooklyn, N.Y., under which the real estate firm will end various practices that have allegedly restrained price and service competition among residential real estate brokers. In a complaint accompanying the consent agreement, the FTC charged that Mid County: denied membership to any firm not operating a full time brokerage office; fixed the maximum share of the commission that could be retained by any listing broker on a co-brokered sale; adopted a rule that could be interpreted to exclude homeowners from any role in the determination of commission splits between listing and selling brokers; adopted a rule that could be construed as discouraging broker acceptance of exclusive agency listings; required its members to disclose the total commission or the split of commission agreed to between listing brokers and property owners; and prohibited members, other than the listing broker, from soliciting and relisting of any property until the prior listing expired. Under terms of the consent agreement, Mid County is prohibited from: requiring that any applicant or member operate a full time office; fixing, maintaining or recommending any division of commission between selling and listing brokers; adopting any policy that has the purpose or effect of exclusive agency listings; requiring any member to inform Mid County or any of its members of the commission agreed to between any listing broker and homeowner; and adopting any policy having the purpose or effect of delaying the solicitation of a listing agreement. The FTC's New York Regional Office handled the investigation. A consent agreement is for settlement purposes only and does not constitute admission of a violation of law. When the Commission issues a consent order on a final basis, it carries the force of law with respect to future actions in regard to the respondent. Each violation of such an order may result in a civil penalty of up to $10,000. The consent agreement appeared in the Federal Register December 30, 1987. It is subject to public comment for 60 days, until February 29, 1988. Comments should be addressed to Office of the Secretary, Federal Trade Commission, 6th Street and Pennsylvania Avenue N.W., Washington, D.C. 20580. Copies of the consent agreement, the complaint and an analysis of the agreement are available from the FTC's Public Reference Branch, Room 130, same address as above; 202-326-2222; 202-326-2506. # # # MEDIA CONTACT: Duff Thomas, Office of Public Affairs, 202-326-2178 STAFF CONTACT: Alfred J. Ferrogari, New York Regional Office, 212-264-8855 FTC File No. 851-0108 (NY-MLS)