According to New Jersey Real Estate Commission rules and federal antitrust laws, all commissions are negotiable between the broker and the principal (the seller or landlord). While a brokerage may have a general office policy or a suggested commission rate, it cannot be presented as a fixed, non-negotiable fee. Each commission must be established through negotiation and mutual agreement for every individual transaction. This principle is designed to prevent illegal price-fixing and promote fair competition in the marketplace.

A. Pre-printing a specific commission rate on listing agreement forms is prohibited because it implies the rate is fixed and not subject to negotiation, which violates antitrust regulations.

B. Informing a state agency of an intent to not negotiate commissions is an admission of a planned violation of antitrust laws. All commissions must be negotiable.

C. Advertising a commission rate is permissible, but it does not supersede the legal requirement that the final commission must still be negotiated with the client.

1. New Jersey Administrative Code, Title 11, Chapter 5 (New Jersey Real Estate Commission), Section 11:5-7.1(e): This regulation explicitly requires that every listing agreement for the sale of one- to four-family dwelling units must contain the following statement in large print: "As a seller you have the right to individually reach an agreement on any fee, commission, or other valuable consideration with any broker. No fee, commission, or other consideration has been fixed, controlled, recommended, suggested or maintained by any board of realtors or by any other person or entity." This directly supports the mandate for negotiation.

2. New Jersey Real Estate Commission, Real Estate License Law and Rules (N.J.S.A. 45:15-1 et seq. and N.J.A.C. 11:5-1.1 et seq.): The entire framework of the license law is built upon principles of fair dealing and preventing anti-competitive practices. N.J.S.A. 45:15-17(l) gives the Commission the power to suspend or revoke a license for "any conduct which demonstrates unworthiness, incompetency, bad faith or dishonesty," which would include price-fixing.

3. U.S. Department of Justice, Sherman Antitrust Act: Section 1 of the Sherman Act prohibits any contract, combination, or conspiracy in restraint of trade. Agreements among competing brokers to fix commission rates are a per se violation of this act. The requirement for individual negotiation stems directly from this federal law, which is a foundational topic in all state-sanctioned real estate licensing education.