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It IS still legal to do the flat fee listings that we are offering. There are a few more guidelines that we must follow, but if any agents tell you otherwise, please tell us so that we may report them to the proper authorities.
Despite strong objections by the Department of Justice and Federal Trade Commissions Anti-Trust divisions, and consumer rights organizations, the Texas Legislature and Governor Rick Perry signed into law SB 810 on June 19, 2005.
This new law forces real estate brokers to do a minimum level of services, whether you as the seller want them or not.
One of the major provisions in the law is that it forbids the buyers agent from NEGOTIATING directly with you, the seller.
As some agents may try to tell you, it does not prevent you from talking to them at all, it ONLY prevents them from NEGOTIATING with you as the seller.
Brokers are also now forced to answer any and all questions by the seller during the transaction. If you have no questions for the broker during the transaction, then obviously no violation has occurred. Texas Discount Realty will begin to offer a "Frequently Asked Questions" which we will provide to sellers when they receive an offer.
Additionally, your agent will be available to answer any questions for our customers on our Flat Fee program via email or fax only. If you feel you need more personalized attention, you might consider our Flat Fee Plus program.
Finally, offers made on your property may be "delivered" directly to you the seller, but also must be sent to your agent as well. Any offers we receive will be forwarded to you the seller either via email or fax.
Because of the added responsibilities forced on to you, the seller and us the broker, by your government, we are forced, as most brokers, to adjust our prices. We apologize for that.
If you believe that it is wrong that these restrictions are placed on the way you want to sell your home, please contact your State Representatives and ask them to look out for homeowner's rights and not large special interests. Also, remember this at the ballot box.