Quoted from Florida Realtors News:

"WASHINGTON – July 15, 2011 – In a move the National Association of Realtors® calls “a substantial victory for Realtors,” the Federal Trade Commission (FTC) announced that it will not enforce most of the provisions of the Mortgage Assistance Relief Services (MARS) rule against real estate licensees

As a result of the stay on enforcement, real estate licensees who provide short sale services will not have to make the disclosures required by MARS as far as the FTC is concerned. However, the FTC announcement also gave Florida Attorney General Pam Bondi the ability to overrule the FTC within the State of Florida.

Florida Realtors has contacted Bondi’s office, but an official answer isn’t expected before next week at the earliest. In the meantime, Florida Realtors Law and Policy department recommends that Realtors continue to use the MARS disclosures until further notice."

Let's hope Ms. Bondi agrees with the FTC.

Comments welcome.

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Arizona is also not allowing upfront fees.

A.R.S. §32-2155 which states:  Restriction on employment or compensation of person as broker or salesperson

C. A real estate broker or real estate salesperson shall not collect compensation for rendering services in negotiating loans secured by real property unless all of the following apply:

1. The broker or salesperson is licensed pursuant to title 6, chapter 9 or is an employee, officer or partner of a corporation or partnership licensed pursuant to title 6, chapter 9.

2. The broker or salesperson has disclosed to the person from whom the compensation is collected that the broker or salesperson is receiving compensation both for real estate brokerage, when applicable, and for mortgage broker services.

3. The compensation does not violate any other state or federal law.

 

http://kevinhardin.com/no-enforcement-of-mars-rule-against-real-est...

This law seems applicable only to "negotiating loans".  Is there a restriction from upfront fees for real estate brokerage services that do not involve loan negotiating?
No up front fees for RE Brokerage Services.  Fees (Commissions) can be collected AFTER services have been provided and the transaction is closes.
Check with your State's laws. They are ways to charge a fee at time of listing that are perfectly legal. I can charge an upfront fee with my Florida brokerage. What I can't do is charge an upfront fee specific to the negotiating of a short sale.
We wont pull our disclosures.  It's just cover your rear end smart business.  Especially with so many agents forgetting the Seller still should be getting the highest and best for their property.

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