Are limited-service listing agents held to the same standard as full-service listing agents?

QUESTION: I am thinking about offering a limited-service listing option to prospective sellers. Sometimes I see listings in the MLS where the listing agent has inserted a warning like: “Property sold ‘as-is.’ All inquiries should be sent to owner at xxx-xxx-xxxx and not listing agent. Listing agent will not respond. Owner and listing agent make no representations and have no knowledge as to property condition. Buyer must verify any facts about property through inspections.” Is this permissible? If I provide limited-service listings, do my duties as a broker change?

ANSWER: Limited-service listing agreements are permissible. While listing agents providing limited services can limit their contractual duties to the client in their agency agreement, it is not possible to limit your obligations as a licensed broker under the License Law.

Limited-service listing agents may limit their contractual duties to a seller, such as contract negotiation, attendance at showings, and closing preparations. NC REATORS® does not have a standard form for limited-service agency arrangements. You may need to consult with a lawyer to make sure any listing agreement you use conforms to MLS rules and the License Law. You will also want to make sure that the scope of your limited services is clearly communicated to the client.

Unlike the contractual duties named above, requirements under the License Law are not waivable.

The warning you quote misstates the listing agent’s legal duties, and using a similar warning in your own listing is not advisable. The North Carolina Real Estate Commission has written that a limited-service listing agent must fulfill all duties required by statute and Commission rule. This means a limited-service listing agent has the same legal duties as a full-service listing agent, such as:

1.     A fiduciary duty to the seller, which means the agent must fulfill obligations of skill, care, diligence, loyalty, obedience, disclosure of information, and accounting; and

2.     An affirmative duty to discover and disclose materials facts.

In the warning, the listing agent does not appear to be investigating the property, which means it will be difficult for the listing agent to discover material facts and disclose them. The warning also appears to indicate that even if the listing agent receives a genuine inquiry or offer regarding the property, then they do not intend to respond and find out whether that inquiry or offer may be in their client’s best interest. This would likely result in the listing agent’s failure to uphold their fiduciary duty.

When you disclose in your listing that you are providing limited services, be sure to draft a statement that keeps your non-waivable, legal duties in mind. Doing so will help provide clarity to both your client and buyers and their agents.

Release Date: 10/16/2025

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