Competition Policy and the Real Estate Industry
October 25, 2005

Antitrust Division Comments to Organizations

The historic goal of antitrust laws has been to protect economic freedom and opportunity by promoting competition in the marketplace. Competition in a free market benefits American consumers through lower prices, better quality and greater choice. Competition provides businesses the opportunity to compete on price and quality, in an open market and on a level playing field, unhampered by anticompetitive restraints.

To promote and protect the competitive process, the Antitrust Division has issued comments to the following organizations:

• Alabama State Senate
• American Bar Association
• Georgia State Bar
• Indiana State Bar Association
• Kansas Bar Association
• Kentucky Bar Association
• Massachusetts Bar Association
• Massachusetts House of Representatives
• Michigan Lt. Governor's Office and Michigan Senate
• Michigan Senate and Michigan Department of Labor & Economic Growth
• Missouri Governor's Office
• New Mexico Real Estate Commission
• North Carolina State Bar
• Oklahoma Real Estate Commission
• Oklahoma State Senate
• Rhode Island House of Representatives
• Texas Real Estate Commission
• Virginia State Bar
• Virginia Supreme Court

Alabama State Senate

• Comments on House Bill 156--Proposed Amendments to Section 34-27-84, Code of Alabama (05/12/2005)

America Bar Association

• Comments on the American Bar Association's Proposed Model Definition of the Practice of Law (12/20/2002)

Georgia State Bar

• Comments on Potential Unlicensed Practice of Law Opinion Regarding Real Estate Closing Activity (3/20/2003)

Indiana State Bar Association

• Comments on Draft Proposed Amendment to Indiana Supreme Court Admissions & Discipline Rule 24 Regarding Unauthorized Practice of Law (10/01/2003)

Kansas Bar Association

• Comments on Kansas Bar Association's Proposed Definition of the Practice of Law (02/04/2005)

Kentucky Bar Association

• Comments on Proposed Opinion KBA U-58 Prohibiting Real Estate Closings By Non-Attorneys (06/10/1999)

• Comments on Proposed Opinion Prohibiting Real Estate Closings By Non-Attorneys (09/10/1997)

Massachusetts Bar Association

• Comments on Draft Proposed Definition of the Practice of Law in Massachusetts (12/16/2004)

Massachusetts House of Representatives

• Comments on House Bill 180 Concerning Legislation of Non-Lawyer Competition for Real Estate Closings (10/06/2004)

Michigan Lt. Governor's Office and Michigan Senate

• Comments on Michigan House Bill 4849 (06/02/2006)

Michigan Senate and Michigan Department of Labor & Economic Growth

• Comments on Michigan House Bill 4849 (10/18/2005)

Missouri Governor's Office

• Comments on Missouri House Bill 174 (05/23/2005)

New Mexico Real Estate Commission

• Comments on Proposed "Minimum Service" and "Advertising" Rules (11/02/2005)

North Carolina State Bar

• Comments on Proposed Opinions Concerning Non-Attorneys' Involvement In Real Estate Transactions (07/11/2002)

• Comments on North Carolina State Bar Opinions Restricting Involvement of Non-Attorneys in Real Estate Closings and Refinancing Transactions (12/14/2001)

Oklahoma Real Estate Commission

• Comments to Oklahoma Real Estate Commission on Website Notice Regarding SB 673

Oklahoma State Legislature

• Comments on Oklahoma Senate Bill 673 (04/08/2005)

Rhode Island House of Representatives

• Comments on House Bill No. 5936, Proposed Restrictions on Competition From Non-Attorneys In Real Estate Closing Activities (06/30/2003)
• Comments on Proposed Bills H. 5936 and H. 5639, Proposed Restrictions on Competition from Non-Attorneys in Real Estate Closing Activities (03/23/2003)
• Comments on Proposed Bill H. 7462, Restricting Competition from Non-Attorneys in Real Estate Closing Activities (03/29/2002)