Listing Agreements Flashcards
listing agreement
written contracts of employment in the case of a seller hiring a broker
listing agreements must
state the rate/exact amount of commission to be earned by the broker
definite termination date
the day on which a financial contract ends
must be included in listing agreements for the agreement to be valid
the NJ statute of frauds stipulates that to be entitled to a commission on a real estate transaction,______
a broker must have a written authorization to act as a client’s broker
if listing agreement is entered into orally,____
the broker must deliver a written memorandum of the agreement to the client within FIVE DAYS of the agreement
open listing
a listing in which a seller agrees to pay a broker a commission only if the broker procures a buyer for the property
1/3 chance of making money (only if broker finds buyer)
exclusive agency listing
agreement wherein listing broker or other broker sells the house, the listing broker makes a commission
If seller sells house without help, no commission
exclusive right-to-sell listing
agreement in which broker gets commission when the house sold, no matter who sold it
net listing
a listing based upon the amount of money the seller will receive if the property is sold.
illegal in NJ because broker can list at any price, give seller only what they wanted, and keep the rest
multiple listing service
a database usually organized within a specific group for the purpose of sharing listings between brokers
95% of the time your listing is sold by another broker, makes sense to share
how many MLS are in New Jersey currently?
8
what are the advantages of the MLS?
- brokers develop sizable inventory of potential properties
- sellers get a large network of realtors seeing their listing
- buyers have access to large selection of listings
listing
the properties brokers and salespeople are authorized to offer for sale
in the case of an exclusive-agency listing, if the seller finds a buyer with no help from the broker,_____
the seller retains the right to sell the property themselves without obligation to the broker
who should sign listing agreements?
- all legal owners of the listing property, their spouses, or their authorized agents
- listing salesperson and/or broker
all listing agreements must include a statement acknowledging ______
receipt by the seller of the CIS and a declaration of business relationship
comparative market analysis (CMA)
a comparison of prices of recently sold homes that are similar in location, style, and amenities to the property of the listing seller
reasons to terminate a listing
- broker performed and sold the listing hby termination date
- time period agreed up on has expired
- abandonment by broker
- revocation by broker
- cancellation by broker
- cancellation by mutual consent
- bankruptcy, death, or insanity
- destruction of property
- change in property use by outside forces
property information for listings
names and addresses of owners, description of property, dimensions of lot, neighborhood, school information, taxes, fees, financing, utility average payments, water information, zoning classification, flood zone information,
responsibility for disclosure
- use true tax figure
- statements of rent/expenses
- leases and security deposits
- certificate of occupancy
- flood zone info
- restrictive ordinances
negotiability of commission
commission rates are always negotiable