Even in an MLS Entry-Only Agreement, (i.e. Flat Fee listings) the broker is still technically the listing broker.
Here’s why:
- MLS Rules Require a Listing Broker: The Multiple Listing Service (MLS) only allows licensed brokers to post listings. So even if the broker provides minimal services, they are still the official listing broker of record.
- Brokerage Agreement Exists: The seller signs a limited-service listing agreement with the broker, which legally establishes the broker as the listing agent — even if their role is limited to data entry.
- Listing Appears Under Broker’s Name: On the MLS, the property is listed under the broker’s license and office, just like a full-service listing.
Legal and Regulatory Implications
- The broker must comply with state real estate laws and MLS rules, including accuracy of listing data and timely updates.
- Some states require brokers to offer a minimum level of service, even in entry-only agreements.
So while the broker may not be involved in showings, negotiations, or closing, they are still the legal listing broker for the property.