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» Archive for the ‘Flat Flat Fee MLS Broker Provider Reporting and Industry News’ Category

14Jun When is a foreign flat fee broker in Florida engaging in unlicensed activity?

Florida consumers who wish to utilize the MLS (Multiple Listing Service) for a flat fee need to be aware that a growing number of online FSBO (For Sale By Owner) marketing firms that sell flat fee MLS online services to Florida consumers do not maintain a Florida brokerage license. These companies might be in violation [...]

13Jun Criticism strikes “Flat Fee MLS” business model

There appears to be a growing movement within the flat-fee MLS marketplace that businesses selling “flat-fee MLS online services” do not need to obtain the requisite licenses in order to comply with applicable state brokerage licensing laws. For a listing broker, flat-fee MLS has become a giveaway business that, at best, should only be used to capture additional [...]

13Jun For Sale By Owner or Florida Flat Fee MLS?

Has the MLS gone brokerless? One would think so given the surge in popularity for Flat fee MLS (Multiple Listing Service) over the past several years. However, to properly understand this concept, one needs to be aware of the difference between a home advertised as a For Sale By Owner property and one placed on [...]

12Jun Administrative brokerage commission fee of $149 (the “ABC Fee”) violates Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, et seq.

This matter is before this Court on Plaintiff Vicki V. Busby’s (“Busby”) appeal of the district court’s denial of class certification to a class of plaintiffs seeking damages arising out of Defendant JRHBW Realty, Inc.’s, d/b/a RealtySouth (“RealtySouth”), alleged violation of Section 8(b) of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. § 2601, [...]

01Dec Unlicensed Real Estate Activity in Florida

475.42  Violations and penalties.–
(1)  VIOLATIONS.–
(a)  A person may not operate as a broker or sales associate without being the holder of a valid and current active license therefor. Any person who violates this paragraph commits a felony of the third degree, punishable as provided in s. 775.082 or s. 775.083, or, if a corporation, [...]

06Sep It’s Settled: NAR-DOJ

On May 27, 2008, NAR and the U.S. Department of Justice reached a favorable settlement, concluding a two-year DOJ investigation (followed by two and a half years of litigation) regarding NAR’s multiple listing policy as it pertained to the display of listings from the MLS on brokers’ virtual office Web sites, or VOWs.
Final Judgment Approved DOJ-NAR
What [...]