8 - Agency Contracts (Sales) and Related Practices (7/8) Flashcards
Listing Agreement
Between client and the FIRM
>Death of individual listing agent does not terminate the listing agreement, nor does expiration of agent’s license
Automatic Renewal Clause
Not allowed in a listing agreement
Exclusive Agency Agreemnt
Exclusive agent, but not entitled to receive a commission if the seller finds a buyer for the property
Exclusive Right to Sell
Exclusive agent, entitled to receive a commission even if the seller finds a buyer for the property
Net Listing
Brokerage commission to be an excess amount over a predetermined net amount to be received by the seller
Listing agreement must be in writing at the time of the listing and buyer brokerage agreement must be in writing prior to submission of buyer’s offer, required by…
Commission rule
Anti-trust laws
apply to activities between firms from collusion (e.g.), anti-competitive actions
Earnest Money Deposits (handling…)
Must be deposited no later than 3 banking days after acceptance of contract
*When dealing with money, the rules all reference “banking” days