This negative position can consume years of cash flow to recover.

We have some new builds financed there taking forever to sell now...  

The agreement should last 4-5 days.If I don't like that home, and I think I want to engage a buyer agent for more in depth services over a longer period of time, then I will entertain other buyer representation agreements, but I will not agree to over 2%, which is the maximum recommended by the Consumer Federation of America.To be fair, if my needs required my buyer agent to show me 30+ homes, or preview them since I am out of town, or something else that took an extraordinary amount of the agent's time, I would consider more than 2%.

Additionally different builders negotiate differently with consumers verses agents.

This is the second best time to plant a tree...don't wait for things outside of your control because you'll be waiting forever. 

Consumer protection does not include non owner occupied property.

It seems to last forever and the tenants like the upgrade from carpet.

Isn't that some form of Consumer Fraud?

I totally understand it’s cheaper to list it yourself, but if you have a full time job already, this can be very time and energy consuming.

I am not sure that it will continue forever though, with the Exodus of the middle class out of that state.