Chapter 5 - Listing Agreements Flashcards
What is a listing agreement
- CONTRACT for services between sell and broker (both sign
- TERMS | Broker and broker’s agent can only off the property for sale at price and terms of agreement
- BUYER’S NEEDS | agent must follow owner’s instructions (no illegal instructions)
- ACCURACY | agent has to verify accuracy of info given by seller
Open Listing
Seller can list with multiple brokers
Only broker who finds buyer gets paid
If seller finds buyer - no broker gets paid
Exclusive Agency Listing
Seller contracts with one broker
Seller retains right to sell on own without paying a commission
Exclusive Right-to-sell Listing
Seller lists with on broker
Broker gets paid no matter who finds buyer
Net Listing
Seller lists with broker
Lists property for certain value
If property is sold for higher, all extra money is owed to broker
Who does the contract for a listing belong to?
Principal Broker
Elements of a Listing Contract
Must be in writing Signed by both parties Identify the property (legal description or address) List Price Expiration Date Commission Type of listing Ts & Cs
What terminates a listing?
Sale of Property Expiration of listing Death of party (broker or seller) Destruction of property Condemnation, Foreclosure, Bankruptcy Mutual Agreement to cancel One party withdraws (possible recourse) Insanity
What is a protective period clause?
What’s another name for it?
Period of time broker is protected from having seller cheat buyer out of commission due.
Must have presented buyer at time of listing.
Clause not valid if they re-list with another broker
*Safety Clause
Multiple Listing Service
marketing organization where brokers share listings to procure buyers more quickly. brokers agree on compensation for finding buyers.