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Which of the following is a legal practice regarding brokerage commission?

  1. Charging a flat fee for all services

  2. Agreeing to a commission rate above the standard rate

  3. Commissions must always be less than 5%

  4. Offering discounts to selected clients

The correct answer is: Agreeing to a commission rate above the standard rate

The practice of agreeing to a commission rate above the standard rate falls within the legal parameters of real estate brokerage commissions. Brokerages and agents have the flexibility to negotiate their commission rates based on various factors, including the level of service provided, the specifics of the transaction, and market conditions. This means that an agent can legitimately charge a higher commission if both the agent and the client agree to this arrangement. Moreover, there are no statutory limits on the maximum commission that can be charged, which allows for such agreements to occur as long as they are transparent and agreed upon by both parties. This flexibility is fundamental to brokerage practices, as it allows agents to tailor their services and fees to better meet the needs of their clients. The other options do not align with standard legal practices in real estate commissions. A flat fee for all services can be a viable option but does not specifically address brokerage commissions in a regulatory context. Specifying that commissions must always be less than a certain percentage is incorrect, as there are no fixed legal caps. Offering discounts to selected clients may be permissible, but it can raise questions about fair housing practices and consistency in commission structures.