Chapter 2: Types of Listing Agreements - INCOMPLETE Flashcards

1
Q

What are the 3 different types of listing agreements?

A

1) Open listing
2) Exclusive agency listing
3) Exclusive right to sell listing

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2
Q

Is an open listing exclusive or non-exclusive

A

non-exclusive

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3
Q

T/F: The seller of an open listing can only have one agent

A

False

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4
Q

In an open listing, who is the procuring cause of sale

A

Whichever agent finds the buyer

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5
Q

If a seller of an open listing has more than one agent, who receives the commission?

A

Only the agent who is the procuring cause of sale receives the commission

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6
Q

Procuring cause

A

the person primarily responsible for bringing about the purchase agreement between the parties

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7
Q

The purchasing agent must find the buyer and ___ the sale

A

negotiate

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8
Q

Open listings are ___ used

a) usually
b) rarely

A

b) rarely

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9
Q

Exclusive agency listing

A

Seller pays agent a commission if anyone other than the seller finds a buyer

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10
Q

T/F: In an exclusive agency listing, the seller owes the listing agent a commission if a buyer found the house by seeing a sign out front

A

True

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11
Q

T/F: In an exclusive agency listing, the seller pays the listing agent a commission even if the seller finds the buyer

A

False

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12
Q

In an exclusive agency listing, the seller still owes their listing agent the commission even if an agent from a different brokerage finds the buyer

A

True

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13
Q

T/F: In an exclusive agency listing, if the seller finds the buyer without the help of any real estate agent, she doesn’t owe the listing agent a commission

A

True

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14
Q

What is the major problem with exclusive agency listings?

A

The potential for a dispute between the seller’s broker and the seller over who procured the buyer

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15
Q

What is a listing period?

A

the period of time residential property is listed for sale with a licensed real estate broker

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16
Q

T/F: In an exclusive agency listing, the seller retains right to sell without obligation to pay commission

A

True

17
Q

Once the listing period of an exclusive agency listing agreement w/ a protection period clause ends, the owner is liable for the commission during the protection period if the property sells to a party that the broker procured UNLESS

A

the seller already listed the property with another broker

18
Q

Important difference from an open listing agreement and an exclusive agency listing agreement?

A

The exclusive agency listing agreement includes a clause stating that compensation will be paid if any agent procures a ready, willing, and able buyer whose offer is accepted by the seller

19
Q

T/F: In an exclusive agency agreement listing, if any real estate agent - you or another agent - finds a buyer for the property, the seller owes your broker the commission

A

True

20
Q

T/F: In exclusive agency agreement listings, if the seller finds the buyer, the seller does not need to compensate the broker

A

True

21
Q

What type of listing is most commonly used in residential sales?

A

The exclusive right to sell listing

22
Q

What type of listing assures a broker of compensation for procuring a customer, regardless of the procuring party

A

Exclusive right to sell listing

23
Q

In an exclusive right to sell listing, the seller has 1 agent

A

True

24
Q

T/F: During the term of an exclusive right to sell listing, the seller’s listing agent earns a commission regardless of who sells the property (the seller’s agent, another agent, or the seller)

A

True

25
Q

In an exclusive right to sell listing, if the seller finds the buyer, does the listing agent still get a commission?

A

Yes

26
Q

In an exclusive right to sell listing, if the seller finds the buyer, does the listing agent still get a commission?

A

Yes

27
Q

When does the listing period start?

A

On the date the residence is first listed for sale

28
Q

When does the listing period end (list all 3 possible scenarios)?

A

1) the date the sale of the residence is closed;
2) the date the residence is taken off the market; or
3) the date the listing contract with the real estate broker expires