| A listing contract is a contract between a real estate
broker (or his/her agent representatives, acting in the broker's
name) and a seller or sellers of real property to give the
broker the right to offer the property for sale.
The contract is often referred to as a listing agreement
and, if the broker is a member of the National Association
of Realtors, it must include all of the following terms:
1. A beginning date and a termination date.
2. The list price at which the property will be offered for
sale.
3. The amount of compensation offered to the broker, whether
it is in the form of a flat fee or percentage of the sales
price.
4. The terms and conditions under which the brokerage fee
shall be paid by the seller.
5. Authorizes the broker to co-operate with other brokers
as sub-agents or buyer's agents and details the compensation
to be offered to those brokers in the event they procure a
buyer.
6. Authorizes the broker to reveal or not to reveal the existence
of offers previously received.
In addition, other terms which may appear in the agreement
can include:
7. Authorization to the broker to post a sign, to advertise
the property, and to put a lockbox on the door, as well seller's
obligations to advise the broker on the condition of the property,
and broker's obligations to advise the seller about regulations
and laws which may affect the sale.
Typically, separate listing agreements exist for the sale
of residential property, for land, and for commercial or business
property.
Upon listing the property, the real estate agency tries to
obtain a buyer for the property and, in consideration of successfully
finding a satisfactory buyer, the broker anticipates receiving
a commission (fee) for the services the brokerage provided.
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