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Asking all lawyers: If a business broker bars other brokers from their listings, is that restraint of trade?

Ron Chromey

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The BAF Group LLC

No. The sad truth is that many, many Brokers do not co-op with other Business Brokers. There is no obligation for them to share commissions or work with other Brokers, unless it may be required by some states with odd licensing restrictions - but I know of none that require that specific allowance. There should be no restriction of working with other Brokers if the Selling Broker is coming with a Buyer who is willing to pay your fee. If a Listing Business Broker still refuses to work with you, I see no reason it is a restraint of trade - although I am not an attorney - but he is almost certainly an idiot and not representing his Client well, at all.

Dec 2, 2013

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