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Under the Michigan Occupational Code, how are real estate commissions in Michigan established between a broker and a client?

Correct Answer

B) Commissions are freely negotiated between the broker and the client and must be agreed upon in a written listing or buyer representation agreement

Under Michigan law and consistent with federal antitrust principles, real estate commissions are freely negotiable between the broker and the client. There is no government-set rate, no trade association mandate, and no MLS-imposed range. The agreed commission must be reflected in a written agreement such as a listing agreement or buyer representation agreement to be enforceable under the Michigan Occupational Code.

Answer Options
A
Commissions are set by LARA-BPL at a standard rate to ensure fairness across all transactions
B
Commissions are freely negotiated between the broker and the client and must be agreed upon in a written listing or buyer representation agreement
C
Commissions must fall within a range published annually by the Michigan Association of REALTORS®
D
Commissions are determined by the local MLS rules, which establish minimum and maximum rates for member brokers

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Related Topics & Key Terms

Key Terms:

commission_negotiationantitrustlisting_agreementlara_bpl

Related Concepts

In real estate, the distinction between an independent contractor and an employee determines tax treatment, liability, and the level of control a broker may exercise over the agent's daily activities. Most real estate agents operate as independent contractors.

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