Frequently Asked Questions

  • Utah
  • Frequently Asked Questions

How does Flat Fee Listing work?

Sellers
Listing on the MLS for a flat fee is the exact same thing as listing with a 6% REALTOR®. You are just paying less money to get the exact same service. We are REALTORS® and a BROKER. Your listing will look exactly the same as all other listings.  www.UtahBroker.com
 

How Long does it take to get listed?

Same day is most cases.  Once we receive the order and the info ( list agreement and MLS input form )  The process can move as quick as you like.  Modifications can always be made.  You may list online at www.UtahBroker.com

How long before I receive the sign and lock box?

Sign included with our Plans, A,  B and C.  We normally ship sign the same day you place the order, so you will have them within 2-3 business days. We ship USPS.  Also UPS and Fed Ex. A framed sign and Electronic Key Box is included in Plans B and C.  But is also available alacarte in Plan 30 and Plan A.  An Electronic KeyBox delivery and rental is $150 for Plan 30 or Plan A.   A Sign may be purchase in Plan 30 for $35.00.  Electronic Key Box includes an Email Notification to Seller whenever access for follow up and security.

Will my phone number be on the MLS?

Yes, Depending on which Listing Plan you choose, We can have your contact info on the MLS for agents to call you if they have questions or to set appointments.  This would be referencing the Realtor Version.  Sites syndicated to the public will depend on the automated data feed drawn from the MLS.

How do potential buyers contact me?

Depending on which plan you choose the MLS will instruct Agents, and Agents should follow the showing instructions from the MLS.   If your phone number is on the sign, you should receive calls. Should buyers call us or email us, we will refer them to you as per our listing agreement. and give them your contact information.

How will I get offers?

Agents are instructed by the Utah Division of Real Estate to present offers through the Listing Broker, Agents will email us a copy of the offer and we will forward to you. Agent may also copy us both.

What phone number goes on the sign?

Depending on which sign you choose, You may add your phone number to the sign. See sign options.  www.UtahBroker.com

How long have you been in business?

I started as an Agent in Utah Real Estate in 1992,   This Brokerage began in 1999 offering Flat Fee Services.  I have posted over 3200 properties since 1999'.

Lynn Fillmore,   "At Your Service"
Principal Broker / Senior Partner
REALTOR®  Since' 1992
Town & Country Apollo Properties  
1360 S. Carterville Rd, Orem UT 84097
UtahBroker@comcast.net OnlineInput@gmail.com 
(801) 224-1559 Office
(801) 372-1658 Cell / Text

www.utahbroker.com/lynnfillmore

A Utah Licensed Brokerage and member of the following Utah MLS systems:
- Wasatch Front Regional MLS for Central, South East & Northern Utah Properties
- Park City MLS for Summit County & Northern Mountain Properties
- Iron County MLS for Cedar City, Utah Area Properties
- Washington County MLS for South West Utah Properties

What is your success rate?

When our clients listen to our suggestions, it is 100%. The key to selling a home is the list price. If you list your home too high, it will most likely not sell.

What are your business hours?

Our normal business hours are 9-5 M-F and available on Weekends.  We also receive phone calls, texts and we do check emails during non-business hours 7 days a week.
As a Fiduciary Agent, we are available to our clients 7 Days a Week

How do buyer agents know how much commission we are offering?

2. BROKERAGE FEE. (Incentive to Agents)  A Buyer Agent Commission is not required to list Property, but is recommended as Incentive to Utah Licensed MLS Member Agents. Real Estate Commissions are negotiable and are not established by law.  If, during the Listing Period, If any party locates a party who is ready, willing and able to buy, lease or exchange (collectively "acquire") the Property, or any part thereof, at the listing price and terms stated on the Data Form, or any other price and terms to which the Seller may agree in writing, the Seller agrees to pay through Company a Buyer Agent Commission (the “BAC”) in the amount of $_________ or ____ % Percent of such acquisition price. A Lease contract shall be based on lease term with 12 month minimum term.  This amount will be offered over the selected MLS system/s as incentive to Utah Licensed MLS Member Agents; an additional one half percent (½%) will be added to this amount and retained by the Company for Seller’s Agent Incentive and for Brokerages Liability of offering the BAC.   If there is No Buyer Agent Commission noted herein, the Company will offer over the MLS a BAC in the amount of $1 as a minimum requirement for posting the listing to the MLS.
 
2.1 UNREPRESENTED BUYERS:  It is EXPRESSLY UNDERSTOOD and AGREED, if an Unrepresented Buyer (the “Buyer”) is identified by the Company, The Company may refer the Buyer to the Seller and the Seller will introduce (present / show) the property to the Buyer.  As a condition of closing, and in lieu of any Brokerage Fee, the Seller agrees to pay to the Company a 1.5% “Referral Fee” based on the agreed acquisition price.  If an Unrepresented Buyer is located by the Seller prior to or after the listing is posted, the Seller may introduce the Property to the Buyer and then refer the Buyer to the Seller’s Agent for a 1% “Referral Fee”. (See 5.2 below).  Upon referral, the Seller’s Agent is available to assist the Buyer and Seller as a Limited Agent (In-House Sale).   An Unrepresented Buyer identified by the Seller that is not referred to the Company, shall be required to sign an ‘Unrepresented Buyers Disclosure” for a waiver of any BAC portion offered to Buyer Agents.  For any Unrepresented Buyer, located by Seller that is not referred to the Company, a minimum amount of ½% of the acquisition price will be due to the Company from Seller at closing.
--------------

Brokerage Fee / Realtor Incentives

Incentives to MLS Member Agents

Flat Fee PLAN's 30, A, B or C

The purpose of the Multiple Listing Service (the "MLS") is to market properties to Licensed Member Agents and their clients.  Exposure to the general public is an added bonus.

Under our MLS Flat Fee Plans, a Buyer Agent Commission IS NOT required in the listing agreement; but it is recommended. 

Licensed Brokers and Agents are directed by the Utah Division of Real Estate to have a signed contract (A Buyer Broker Agreement) with the Buyer noting a specific amount of incentive that the Brokerage charges for Buyer Agent Services.   The Utah Real Estate Purchase Contract (the "REPC") notes in Section 5. CONFIRMATION OF AGENCY DISCLOSURE. Buyer and Seller acknowledge prior written receipt of agency disclosure provided by their respective agent that has disclosed the agency relationships confirmed below. At the signing of the REPC:

Traditionally a Buyer Agent is looking for a BAC of 3%*, most likely this 3% amount is noted on the required Buyer Broker Agreement.  This is the inducement to the Buyer Agents to represent the Buyer.  If the MLS BAC shows differently, the incentive may become part of the negotiation. A Buyer Agent Commission offered from the Listing Brokerage to the Buyer Brokerage over the MLS is a liability to the Listing Brokerage.  As the Listing Broker;  I am responsible for any Buyer Agent Commission (the "BAC") offered to member Agents over the MLS system. (see. Listing Agreement Item 2.0 Brokerage Fee) An additional 1/2% is added to the BAC for Company liability and incentive. The Brokerage Fee must be accounted for by escrow instructions at Settlement with the Title Company.   For an "In House Sale" the overall cost of sale may be reduced. (see 2.1 Unrepresented Buyers). 

*Real Estate Commissions are negotiable and are not established by law.

Based on tradition we do recommend a Buyer Agent Commission of 2.5 to 3%; Based on our experience, the internet has caused a BAC of 2.5% posted over the MLS to be very marketable.

A Buyer Agent Commission offered from the Listing Brokerage to the Buyer Brokerage over the MLS is a liability to the Listing Brokerage.

An alternative for Sellers:  Compensation Addenda vs Brokerage Fee
As with all our clients we recommend a Brokerage Fee over the Added Compensation Addenda �. But we give you the choice.

Alternative Option. The Added Compensation Addendum.  See sect. 2.0 Brokerage Fee of the listing agreement, You may note 0% as Buyer Agent Commission, also marking in Section 11, there ARE addenda to the listing agreement. Fill out the Added Compensation Addendum. 

As per the text in Section 2.0 Brokerage Fee, If the amount is left blank or 0 is noted.  We will offer $1 as the BAC.  The Added Compensation addendum will be uploaded to your MLS Listing, as a document, and we will referenced it in the Agent Remarks.  The Addenda allows you to avoid paying us the 1/2% to the Company for represented Buyers, along with reducing our incentive and liability in the transaction.

You may modify this incentive structure as with the other items in your MLS offering throughout the term of your listing contract as desired. 

=== If using the Added Compensation Addenda, Agents will view in MLS Agent Remarks Section ===
*See attached additional compensation document. For Access: Contact Seller ###-###-####
=============================================================================
(In some instances, the Buyer may attempt to Assign - their Buyer Broker Agreement with the offer).
Depending on whether the Buyer Agent is in the lead role or if the Buyer is directing the Buyer Agent; This may effect whether the listed property is viewed at all. 
A low or non-existing Realtor incentive may cause some Buyer Agents to breach their fiduciary duty and simply skip the property. 
-----------------------------------------------
With all our inquiries.  We need to identify if buyer already has an Agent.  If they do; Great.  The Buyer Agent should be present at showings.  If Buyer indicates that they do not have a Buyer Agent we inform them of the advantage of an in-house sale and the reduction in fees involved in any upcoming transaction bettering their offer and reducing the cost of the overall transaction. 
-------------------------------------------------
Realtor Incentives.   Again, our recommendation is a Buyer Agent Commission of 2.5 to 3%,  But the choice is yours.

Can I cancel listing at anytime and list with another agent?

18.  TERMINATION OPTION.  Seller may terminate this agreement providing there are no FEES due or contracts pending or located parties noted under Section 2. Brokerage Fee, entitling Brokerage compensation to be paid under the terms of this agreement.  Seller will give at least 5 days prior written notice to company using company’s termination agreement. The agreement will then terminate. PLAN 30, A & B may be terminated without added Fee; PLAN C requires a $995 early termination Fee. 


So... Yes, you may cancel your listing at anytime*, unless your home is under contract.  See listing agreement " termination options "

Can I personally list my property on the MLS without a REALTOR®?

No, only a licensed REALTOR® who is member NAR (National Association of Realtors) and the local MLS board can list on the MLS. There is no other way.

Is the flat fee all we pay you to list? Do we owe you anymore fees at closing?

Utah, (see list agreement)  
2. BROKERAGE FEE. (Incentive to Agents)  A Buyer Agent Commission is not required to list Property, but is recommended as Incentive to Utah Licensed MLS Member Agents. Real Estate Commissions are negotiable and are not established by law.  If, during the Listing Period, If any party locates a party who is ready, willing and able to buy, lease or exchange (collectively "acquire") the Property, or any part thereof, at the listing price and terms stated on the Data Form, or any other price and terms to which the Seller may agree in writing, the Seller agrees to pay through Company a Buyer Agent Commission (the “BAC”) in the amount of $_________ or ____ % Percent of such acquisition price. A Lease contract shall be based on lease term with 12 month minimum term.  This amount will be offered over the selected MLS system/s as incentive to Utah Licensed MLS Member Agents; an additional one half percent (½%) will be added to this amount and retained by the Company for Seller’s Agent Incentive and for Brokerages Liability of offering the BAC.   If there is No Buyer Agent Commission noted herein, the Company will offer over the MLS a BAC in the amount of $1 as a minimum requirement for posting the listing to the MLS.
2.1 UNREPRESENTED BUYERS:  It is EXPRESSLY UNDERSTOOD and AGREED, if an Unrepresented Buyer (the “Buyer”) is identified by the Company, The Company may refer the Buyer to the Seller and the Seller will introduce (present / show) the property to the Buyer.  As a condition of closing, and in lieu of any Brokerage Fee noted above, the Seller agrees to pay to the Company a One and One Half Percent (1.5%) “Referral Fee” based on the agreed acquisition price.  If an Unrepresented Buyer is located by the Seller prior to (see excluded parties addenda) or after the listing is posted, the Seller may introduce the Property to the Buyer and then refer the Buyer to the Seller’s Agent for a One Percent (1%) “Referral Fee”. (See 5.2 below).  Upon referral, the Seller’s Agent will assist the Buyer and Seller as a Limited Agent or In-House Sale.   An Unrepresented Buyer identified by the Seller that is not referred to the Company, shall be required to sign an ‘Unrepresented Buyers Disclosure” for a waiver of any BAC portion offered to Buyer Agents.  For any Unrepresented Buyer, located by Seller that is not referred to the Company, a minimum amount of One Half Percent (½%) of the acquisition price will be due to the Company from Seller at closing.
*As required by all Utah Licensed MLS Member Agents, the Seller shall inquire of a Buyers Representation Status at introduction.   If the Buyer seeks representation from another MLS member Brokerage in the acquisition of the property, the BAC if offered over the MLS will be due to that MLS Member Brokerage as per section 2.0 above.  If Buyer seeks representation from a Non MLS Brokerage the incentive shall be at the discretion of the Listing Brokerage.  It is expressly understood by the Seller, if the Seller’s Agent is required to present / show the property to a Buyer, any Brokerage Fee contracted above will be due in full to the Company. 
2.2  SETTLEMENT / CLOSING:  The Brokerage Fee, unless otherwise agreed in writing by the Seller and the Company, shall be due and payable from the Seller's proceeds on: (a) If a PURCHASE, the date of recording of the Closing documents for the acquisition of the Property; (b) If a LEASE, the effective date of the lease; and (c) if an option, the date the option agreement is signed. If within the Listing Period, or any extension of the Listing Period, the Property is withdrawn from sale, transferred, conveyed, leased, rented, or made unmarketable by a voluntary act of Seller, without the written consent of the Company; (see 18. below), or if the sale is prevented by default of the Seller, the Brokerage Fee shall be immediately due and payable to the Company. The Company is authorized to share the Brokerage Fee with another brokerage participating in any transaction arising out of this Listing Agreement. 
2.3. TRANSACTION FEE.  For All Listing Plans, A Company transaction fee in the amount of $95.00 will be due from Sellers proceeds at closing or lease/rental signing, payable to the Company for, documentation, confirmation, posting of data to the MLS and 3 year file documentation required by the Utah Division of Real Estate.

 

Who handles the paperwork?

As per Utah Code Ann. Section 61-2-27, (5/05) the: Seller’s Agent will: (a) Accept and present offers to seller, (b) Advise seller on offers, and (c) Assist seller with preparing and communicating counter-offers.

We represent You and are always here to advise and direct the process.   Offers, Disclosures, Title Company etc...     
 

Why doesn't everyone list their property with a flat fee?

Many sellers do use this option. However, some have never heard of listing for a flat fee and some feel there is some catch or it is too good to be true. The more research you do, you will see this is the best way to sell a property.

Rebates, Discounts are becoming more mainstream.   Why not take advantage.    Your best success will be targeting the Buyer Agent with a marketable incentive

When will I receive my MLS#?

Your MLS# is generated at the time we list your property on the MLS. Once listed we will email you a copy of your listing as seen by Realtors., along with a link to your listing and your MLS number.

Usually same day we recieve your listing order forms or online input of forms.  www.UtahBroker.com

Will buyer's agents be reluctant to show my property listed like this?

No, as your listing looks just like all other listings on the MLS. You are listed the exact same way as all other listings. How much money you pay us to list your property is not posted on the MLS and agents are not concerned with how much you paid us, they are only concerned with how much money they will make.

Offer the Buyer Agent a marketable incentive  2.5 to 3% is recommended.  But we do give you the choice. 
--------

Brokerage Fee / Realtor Incentives

Incentives to MLS Member Agents

Flat Fee PLAN's 30, A, B or C

The purpose of the Multiple Listing Service (the "MLS") is to market properties to Licensed Member Agents and their clients.  Exposure to the general public is an added bonus.

Under our MLS Flat Fee Plans, a Buyer Agent Commission IS NOT required in the listing agreement; but it is recommended. 

Licensed Brokers and Agents are directed by the Utah Division of Real Estate to have a signed contract (A Buyer Broker Agreement) with the Buyer noting a specific amount of incentive that the Brokerage charges for Buyer Agent Services.   The Utah Real Estate Purchase Contract (the "REPC") notes in Section 5. CONFIRMATION OF AGENCY DISCLOSURE. Buyer and Seller acknowledge prior written receipt of agency disclosure provided by their respective agent that has disclosed the agency relationships confirmed below. At the signing of the REPC:

Traditionally a Buyer Agent is looking for a BAC of 3%*, most likely this 3% amount is noted on the required Buyer Broker Agreement.  This is the inducement to the Buyer Agents to represent the Buyer.  If the MLS BAC shows differently, the incentive may become part of the negotiation. A Buyer Agent Commission offered from the Listing Brokerage to the Buyer Brokerage over the MLS is a liability to the Listing Brokerage.  As the Listing Broker;  I am responsible for any Buyer Agent Commission (the "BAC") offered to member Agents over the MLS system. (see. Listing Agreement Item 2.0 Brokerage Fee) An additional 1/2% is added to the BAC for Company liability and incentive. The Brokerage Fee must be accounted for by escrow instructions at Settlement with the Title Company.   For an "In House Sale" the overall cost of sale may be reduced. (see 2.1 Unrepresented Buyers). 

*Real Estate Commissions are negotiable and are not established by law.

Based on tradition we do recommend a Buyer Agent Commission of 2.5 to 3%; Based on our experience, the internet has caused a BAC of 2.5% posted over the MLS to be very marketable.

A Buyer Agent Commission offered from the Listing Brokerage to the Buyer Brokerage over the MLS is a liability to the Listing Brokerage.

An alternative for Sellers:  Compensation Addenda vs Brokerage Fee
As with all our clients we recommend a Brokerage Fee over the Added Compensation Addenda �. But we give you the choice.

Alternative Option. The Added Compensation Addendum.  See sect. 2.0 Brokerage Fee of the listing agreement, You may note 0% as Buyer Agent Commission, also marking in Section 11, there ARE addenda to the listing agreement. Fill out the Added Compensation Addendum. 

As per the text in Section 2.0 Brokerage Fee, If the amount is left blank or 0 is noted.  We will offer $1 as the BAC.  The Added Compensation addendum will be uploaded to your MLS Listing, as a document, and we will referenced it in the Agent Remarks.  The Addenda allows you to avoid paying us the 1/2% to the Company for represented Buyers, along with reducing our incentive and liability in the transaction.

You may modify this incentive structure as with the other items in your MLS offering throughout the term of your listing contract as desired. 

=== If using the Added Compensation Addenda, Agents will view in MLS Agent Remarks Section ===
*See attached additional compensation document. For Access: Contact Seller ###-###-####
=============================================================================
(In some instances, the Buyer may attempt to Assign - their Buyer Broker Agreement with the offer).
Depending on whether the Buyer Agent is in the lead role or if the Buyer is directing the Buyer Agent; This may effect whether the listed property is viewed at all. 
A low or non-existing Realtor incentive may cause some Buyer Agents to breach their fiduciary duty and simply skip the property. 
-----------------------------------------------
With all our inquiries.  We need to identify if buyer already has an Agent.  If they do; Great.  The Buyer Agent should be present at showings.  If Buyer indicates that they do not have a Buyer Agent we inform them of the advantage of an in-house sale and the reduction in fees involved in any upcoming transaction bettering their offer and reducing the cost of the overall transaction. 
-------------------------------------------------
Realtor Incentives.   Again, our recommendation is a Buyer Agent Commission of 2.5 to 3%,  But the choice is yours.


 

How do I contact the Listing Broker for my listing?

 
Lynn Fillmore,   "At Your Service"
Principal Broker / Senior Partner
REALTOR®  Since' 1992
Town & Country Apollo Properties  
1360 S. Carterville Rd, Orem UT 84097
UtahBroker@comcast.net OnlineInput@gmail.com 
(801) 224-1559 Office
(801) 372-1658 Cell / Text
(801) 655-9618 FAX 
www.utahbroker.com/lynnfillmore
 
Realtor

A Utah Licensed Brokerage and member of the following Utah MLS systems:
- Wasatch Front Regional MLS for Central, South East & Northern Utah Properties
- Park City MLS for Summit County & Northern Mountain Properties
- Iron County MLS for Cedar City, Utah Area Properties
- Washington County MLS for South West Utah Properties

EMAIL IS THE BEST FORM OF COMMUNICATION WITH OUR OFFICE

May I review the Listing Agreement and forms?

Can I do this all online?

List Online, Paperless   www.UtahBroker.com

Does Utah have special requirements?

  • Utah is a minimum level service state.   As per Utah Code Ann. Section 61-2-27, (5/05) the: Seller’s Agent will: (a) Accept and present offers to seller, (b) Advise seller on offers, and (c) Assist seller with preparing and communicating counter-offers.
  • Once Listed on the MLS.  The Seller is no longer a For Sale By Owner.  Seller does however retain options within the listing contract to avoid the Buyer Agent Commission. 
  • We are always your Agent.  An "In-House sale" or "Limited Agency" may apply if we also assist the Buyer.  The Buyer may enter the transaction as an "Unrepresented Buyer" by signing disclosure.
  • A company sign is not required, however, MLS policy states that the only sign on the property shall be that of the company
  • www.UtahBroker.com