| New Laws Effective September
1, 2005
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.
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