Chapter 3: Agency and the Listing Agreement Flashcards
The relationship between principal and agent wherein the agent is employed by the principal to do certain acts, like negotiating with third parties.
Agency
This is earned when you have produced a buyer who is “ready, willing, and able” to purchase at the price and under the terms agreed to by both seller and buyer, whether or not escrow closes.
Commission
A non-listing broker with whom the listing broker agrees to share a commission if the non-listing broker produces a buyer.
Cooperating broker
In California, this type of contract must be in writing to be enforceable.
Employment contract
Entitles the broker to commissions on all sales during the life of his or her agreement with the owner, even when the owners themselves sell the property.
Exclusive Right To Sell listing
An employment contract between an owner and a licensed real estate broker entered into for the purpose of the broker providing service to find a ready, willing, and able person to buy, rent, or lease a property.
Listing
An appointment with a prospective seller with the intent of persuading that seller to list a property with you at a fair market price.
Listing interview
This contains the property’s keys and greatly facilitates the showing process.
Lockbox
A group of brokers banding together to share listings and commissions.
Multiple Listing Service (MLS)
This type of listing provides that the agent is to retain all money received in excess of a predetermined net price to the owner.
Net listing
A written contract authorizing one or more brokers to act as agent(s) in the sale of the principal’s property for a fixed commission.
Open listing
This person is prepared to buy a property before that property is actually listed with a broker.
Pocket buyer
Supplemental attachments to signs, like “Three Bedrooms.”
Riders
A negotiated period after the termination of the listing during which the listing broker may still be entitled to a commission if the property is sold to a buyer who was shown the property during the listing period.
Safe harbor clause
How much cash the seller will receive after payment of all liens and expenses.
Seller’s proceeds