| Minimum Service Laws |
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One of the things affecting a seller's ability to select individual real estate brokerage services from a fee-for-service broker, such as flat fee MLS, is the imposition of "minimum service laws". These laws require that real estate professionals who enter into exclusive agency agreements with their customers provide state-mandated minimum services, which include duties associated with negotiating a real property sales contract, among other things. State mandated “minimum service” laws dictate to what extent the full service can be stripped into individual components. Consumers who choose this option can realize savings of up to thousands of dollars. A number of states, however, have enacted laws that require the consumer purchase brokerage services they may not need or want, with no option to waive the extra items. These so-called “minimum service” laws diminish consumer choice and raise the cost of selling a home. The downside to using a fee for service (or flat fee MLS listing service) business model is that the seller must represent himself in the sale of his property. Flat fee home selling may not be suitable for everyone. The seller is advised to seek competent, qualified legal advice when attempting to sell real property using a flat fee MLS listing service.
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