The Austin Board of Realtors was recently cited by the FTC for how they run their multiple listing service, stating that a policy by the Board to bar certain homes from search engines on the web are against federal antitrust laws.

In the spring of 2005, the Board made a rule that only listings on the MLS with exclusive right to sell agreement would be able to be made publicly searchable. This rule basically provides the seller's real estate agent with a commission regardless of how the buyer was lined up, either through the seller's means or the agent's means. Since the MLS in Austin is the top company in the market, this makes it nearly impossible for sellers to get listed without being held back by the right to sell agreement.

The FTC unanimously voted against this rule change, and came up with a settlement agreement that requires the Board of Realtors in Austin to remove this rule out of their policy, or they would have to pay out a fine of $11,000 for each subsequent infraction.

The FTC also reported that they are looking into other cities with similar MLS rules to try and get those reversed as well, but currently do not have a list of targets.