REBATES and REQUIRED SERVICE LAWS - By State
When you consider the Rebate and Required Service Law differences that exist in our great nation, it's not difficult to comprehend why real estate practices are so confusing. It goes without saying that property values vary from region to region and state to state. That's a well accepted assumption. However, the rules that govern our business are so ranging, so broad in scope, that such differences and variations add to the perplexity.
Ten states forbid Buyer's Brokers from rebating a portion of the sales commission to the consumer. Such laws prevent an agent from contributing funds towards a clients closing costs or 'gifting' a client for a referral lead. In Louisiana, an Agent is not even allowed to show appreciation by providing a gift card to a client who refers the name of someone they know who has a real estate need. In Texas, such gifting is permitted, as long as the value is limited to $50 or less.
Eight states require consumers to buy more services from Seller's Brokers than they may want, with no option to waive the extra items. The movement to impose minimum service requirements on Real Estate Brokers began in 2004, when Florida and Illinois enacted such laws. The measure captured the attention of federal antitrust lawyers who warned that the regulations adopted by these Real Estate Commissions were anti-competitive.
The new measures required Real Estate Brokers to receive and present offers and counteroffers, offer negotiating advice, complete forms, and answer questions. Prior to this date Discount Brokers were allowed to enter a Seller into the MLS without any further involvement on the Broker's part. Critics complained of potential Agency concerns since Buyer's Agents were communicating directly with the Seller. It was argued that minimal service requirements are skills that should not be performed by a novice consumer. In Louisiana, no such law exists; a Broker may place the propertry of a Seller into the MLS, without further duties, obligations or responsibilities to the Seller, as along as there is compensation to the Buyer Broker.
Rebate and Required Service Laws are listed below By State:
AL
X Limits choice of brokerage services
X Prohibits brokers from offering rebates to consumers
AK
√ Allows choice of brokerage services
X Prohibits brokers from offering rebates to consumers
AZ
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
AR
√ Allows choice of brokerage services
√ Allows rebates to consumers
CA
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
CO
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
CT
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
DE
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
DC
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
FL
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
GA
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
HI
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
ID
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
IL
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
IN
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
IA
X Limits choice of brokerage services
X Prohibits brokers from offering rebates to consumers
KS
X Limits choice of brokerage services
X Prohibits brokers from offering rebates to consumers
KY
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
LA
√ Allows choice of brokerage services
X Prohibits brokers from offering rebates to consumers
ME
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
MD
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
MA
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
MI
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
MN
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
MS
√ Allows choice of brokerage services
X Prohibits brokers from offering rebates to consumers
MO
X Limits choice of brokerage services
X Prohibits brokers from offering rebates to consumers
MT
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
NE
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
NV
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
NH
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
NJ
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
NM
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
NY
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
NC
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
ND
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
OH
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
OK
√ Allows choice of brokerage services
X Prohibits brokers from offering rebates to consumers
OR
X Limits choice of brokerage services
X Prohibits brokers from offering rebates to consumers
PA
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
RI
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
SC
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
SD
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
TN
√ Allows choice of brokerage services
X Prohibits brokers from offering rebates to consumers
TX
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
UT
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
VT
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
VA
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
WA
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
WV
X Limits choice of brokerage services
√ Allows brokers to offer rebates to consumers
WI
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
WY
√ Allows choice of brokerage services
√ Allows brokers to offer rebates to consumers
Source: http://www.justice.gov/atr/public/real_estate/index.htm
I bet most of you didn't know this Town. Unless you are from the Lafayette, Louisiana, or the Acadiana region and love ducks and hunting dogs. This is the hometown of the 
