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Practice Of Real EstateLicense_lawHARD

A Minnesota real estate broker, Broker Nguyen, is negotiating a commission agreement with a seller. The seller insists that the commission rate be set at a fixed percentage mandated by the Minnesota Department of Commerce. Which of the following statements correctly reflects Minnesota law regarding commission rates?

Correct Answer

D) Commission rates in Minnesota are freely negotiable between the broker and the client

Under Minn. Stat. Ch. 82 and federal antitrust law, real estate commission rates in Minnesota are freely negotiable between the broker and the client. No government agency or trade association may set, mandate, or fix commission rates. Any attempt to fix rates would violate antitrust laws. The MN DOC has no authority to establish maximum or minimum commission rates.

Answer Options
A
The MN DOC sets a maximum commission rate of 6% that brokers may not exceed
B
Minnesota law requires a minimum commission of 2% to protect brokers from below-cost agreements
C
The Minnesota Association of Realtors establishes standard commission rates that all members must follow
D
Commission rates in Minnesota are freely negotiable between the broker and the client

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Related Topics & Key Terms

Key Terms:

commission_ratesnegotiableantitrustchapter_82mn_doc_authority

Related Concepts

Commingling is the illegal act of mixing client trust funds with a broker's personal or business operating funds; conversion is the misappropriation of those funds.

Continuing education (CE) refers to the ongoing coursework that licensed real estate professionals must complete during each renewal cycle to maintain an active license. CE ensures agents stay current with changes in laws, regulations, and industry practices.

The National Do Not Call Registry is a federal program administered by the FTC that allows consumers to opt out of receiving unsolicited telemarketing calls, including calls from real estate agents soliciting business.

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