2005 House Bill 4849

Prohibit certain limited real estate marketing services

Introduced in the House

May 31, 2005

Introduced by Rep. Tonya Schuitmaker (R-80)

To prohibit real estate brokers who have entered an "exclusive agency" listing agreement with a seller from accepting a commission unless the broker offers the traditional "full range" of services, including accepting and presenting all offers and counteroffers, and providing various types of assistance required to finalize a transaction. An exclusive agency agreement prohibits a seller from paying a commission to anyone except the broker, thereby assuring the broker that he will profit from his sales efforts. (A broker can share the commission with other brokers if the agreement specifies this.) The bill would make it unlawful to simultaneously enter an exclusive agency agreement and also to provide "unbundled" services (including certain internet-based marketing services) that are less than the full range of traditional services.

Referred to the Committee on Regulatory Reform

Sept. 27, 2005

Reported without amendment

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

Oct. 5, 2005

Substitute offered

To replace the previous version of the bill with one that revises details but does not change the substance of the bill as previously described.

The substitute passed by voice vote

Passed in the House 105 to 3 (details)

Received in the Senate

Oct. 6, 2005

Referred to the Committee on Economic Development, Small Business, and Regulatory Reform

June 6, 2006

Reported without amendment

With the recommendation that the bill pass.