Just ran across this interesting issue on DIRT-L. I took out the names to protect the privacy of the attorneys who were discussing it:
Do any states prohibit by statute or case law the practice of a developer (or HOA) requiring subdivision owners to list any future re-sale of their property with the developer's preferred real estate listing brokerage?
In SC, developers put listing with the preferred brokerage into their CCRs (covenants conditions restrictions) that owners must list for a period of time with the preferred brokerage (aka the brokerage of record or the on-site brokerage).
A member of the public called and said that NC, Ga, and California have prohibited this practice.
In SC, many developers use this strategy.
In Connecticut, such a covenant has been held to violate the state Anti-Trust Act. See State v. Hossan-Maxwell, Inc., 181 Conn. 655 (1980)
It is also my understanding that this practice is prohibited by statute or regulation. In any event, under the conventional test, the covenant would not "run with the land" and would bind only the first purchaser.
So there you have it. I haven't researched the issue myself and I'm just passing it along FYI to check out if you are interested.