Brokerage Flashcards
Listing Agreement(Contract)
creates contractual relationship with seller and the agent’s broker. Seller determines listing price. Listing contract must be signed by everyone on the deed
Types of Listing Contracts
- Open Listing(Uni-Lateral)
- Exclusive Agency
- Exclusive Right To Sell
Open Listing
Owner Hires many agents to sell property. Seller can also sell himself. Gives agent the least amount of protection.
Exclusive Agency
Seller hires one agency to sell property. Can also sell himself.
Exclusive Right To Sell(Bi-Lateral)
The agent is the only person to earn a commission if it is sold during the contract period. If it is sold by someone else, the agent is still entitled to commission.
Required Elements of Listing Contracts
Property Description Price Commission Duration Special Terms Signed by Parties to be charged
Types of Buyer Agreements(contracts)
- Open Buyer Agency Agreement(Uni-Lateral Contract)
- Exclusive Agency Buyer Agency Agreement
- Exclusive Buyer Agent Agreement/Exclusive Right To Represent
Open Buyer Agency Agreement
Least protection for agent. Allows the buyer to use multiple agents and buy from a seller directly without owing any commission.
Exclusive Agency Buyer Agency Agreement
Agent is the sole real estate representative for the buyer. IF the buyer uses someone else they still have to pay agent. Buyer can purchase a FSBO themself without paying commission.
Exclusive Buyer Agent Agreement/Exclusive right to represent
Best protection for agent. Sole representative for the buyer and still owed a commission if they use someone else including FSBOs
Responsibilities of Buyer/Seller Agents
Obedience Loyalty Disclosure Confidentiality Accounting Reasonable Care and Skill