A listing agreement is a contract between a property owner and a real estate agent who the owner hires to act as their broker. Upon agreement, this agent is tasked with searching for a home buyer to sell the owner’s property to. The contract treats the real estate professional like an independent contractor since he or she is paid commission for their services.
The listing agreement is a binding contract, but it is not considered a real estate contract because there is no exchange of property between the main parties directly involved. The real estate agent acts on behalf of the people selling their home but only to the extent that is requested.
Listing agreements are very common for real estate related services, but they sometimes are used by security issuers and financial exchanges who want or need to have a contract in place since a third party contact is being made by the indirect party.
To get a better understanding of what a listing agreement is, view this article.
Yes, a listing agreement is a legal contract that is legally binding. Most states require a listing agreement be put into writing when a real estate agent agrees to represent property owners in order for the contract to be enforceable. It is also common for real estate licensing laws to require a broker to be the party in charge of listing, selling, or renting another’s property.
The listing agreement category is made up of a few different agreement types and the most used ones are listed here for your review:
An open listing agreement is non-exclusive meaning that owners have the right to sell their property on their own. Owners opting to work under this agreement can work with as many real estate brokers they want to.
A benefit of an open listing agreement is that the owner is only obligated to pay commissions to the broker who successfully sells their home under the agreement’s requirements. A seller agent fee does not need to be paid because the owner represents his/herself. If the owner finds a buyer without any assistance from a broker, then no fees or commissions will need to be paid.
Despite the pros of this option, closing costs and other fees will still need to be paid. A lot of real estate brokers steer away from open listings because they rely on commissions and cannot risk not being paid.
An exclusive agency agreement is one where a chosen broker represents the owner but the owner still has the authority to sell their property alone. If the owner is able to sell the property without assistance, then no commission fees will be due.
In this type of listing a broker is free to work with other brokerage agencies who can bring a buyer forward. Listing and selling fees are both required in an exclusive listing agreement. This option is best for owners who do not believe they will be able to sell their home without help.
The most frequently chosen listing agreement is the exclusive right-to-sell because it guarantees payment to a broker for representation of the owner and finding buyers. A broker will be paid commissions regardless of whether they brought forward a buyer solely or if they had help from another brokerage company.
Typically, an owner cannot sell their property alone under this option without paying a fee to the broker. However, there are cases where an exception might apply and fees or commission can be avoided if the owner finds a buyer and gets an official contract signed within a set number of days.
Similar to an exclusive agency listing, an owner is the responsible party for paying listing and selling fees in an exclusive right-to-sell listing.
To get a good idea of which listing is best for you, view this article.
Meet some lawyers on our platformIf you are going to be writing a listing agreement or simply have the need to understand what content is included in one, then you will want to take a look at the following essential terms you will likely come across:
Realtors, or members of the National Association of Realtors, are required to have the content listed above included in their listing agreements. It is suggested each listing agreement contains those terms though regardless of realtor status to make sure all bases are touched and nothing important is left out.
In addition to the terms previously listed, there are many other things you may want to have in your listing agreement. See below:
To view more about essential terms to include in a listing agreement, click here.
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You may wonder if a seller is legally permitted to back out of a listing agreement after it has been fully agreed upon. The answer to this question is yes but only in some scenarios.
Although the listing agreement has legal standing it can be terminated if unfortunate events occur such as death, failure to properly conduct business as agreed to, bankruptcy, poor mental wellbeing, or unexpected damage to the subject property. It can also be terminated by mutual agreement of the parties, or if the contract provides an expiration date.
If there is no termination clause included in the listing agreement then you may find it challenging to get out of the contract before the job is complete.
If a listing agreement sounds like a necessary document for you to have based on your situation, then reaching out to a good team of real estate lawyers for a consultation should be your next move. Post a project in ContractsCounsel’s marketplace to receive free bids from vetted lawyers.
ContractsCounsel is not a law firm, and this post should not be considered and does not contain legal advice. To ensure the information and advice in this post are correct, sufficient, and appropriate for your situation, please consult a licensed attorney. Also, using or accessing ContractsCounsel's site does not create an attorney-client relationship between you and ContractsCounsel.
Anand is an entrepreneur and attorney with a wide-ranging background. In his legal capacity, Anand has represented parties in (i) commercial finance, (ii) corporate, and (iii) real estate matters throughout the country, including New Jersey, Pennsylvania, Delaware, Arizona, and Georgia. He is well-versed in business formation and management, reviewing and negotiating contracts, advising clients on financing strategy, and various other arenas in which individuals and businesses commonly find themselves. As an entrepreneur, Anand is involved in the hospitality industry and commercial real estate. His approach to the legal practice is to treat clients fairly and provide the highest quality representation possible. Anand received his law degree from Rutgers University School of Law in 2013 and his Bachelor of Business Administration from Pace University, Lubin School of Business in 2007.
My name is Ryenne Shaw and I help business owners build businesses that operate as assets instead of liabilities, increase in value over time and build wealth. My areas of expertise include corporate formation and business structure, contract law, employment/labor law, business risk and compliance and intellectual property. I also serve as outside general counsel to several businesses across various industries nationally. I spent most of my early legal career assisting C.E.O.s, General Counsel, and in-house legal counsel of both large and smaller corporations in minimizing liability, protecting business assets and maximizing profits. While working with many of these entities, I realized that smaller entities are often underserved. I saw that smaller business owners weren’t receiving the same level of legal support larger corporations relied upon to grow and sustain. I knew this was a major contributor to the ceiling that most small businesses hit before they’ve even scratched the surface of their potential. And I knew at that moment that all of this lack of knowledge and support was creating a huge wealth gap. After over ten years of legal experience, I started my law firm to provide the legal support small to mid-sized business owners and entrepreneurs need to grow and protect their brands, businesses, and assets. I have a passion for helping small to mid-sized businesses and startups grow into wealth-building assets by leveraging the same legal strategies large corporations have used for years to create real wealth. I enjoy connecting with my clients, learning about their visions and identifying ways to protect and maximize the reach, value and impact of their businesses. I am a strong legal writer with extensive litigation experience, including both federal and state (and administratively), which brings another element to every contract I prepare and the overall counsel and value I provide. Some of my recent projects include: - Negotiating & Drafting Commercial Lease Agreements - Drafting Trademark Licensing Agreements - Drafting Ambassador and Influencer Agreements - Drafting Collaboration Agreements - Drafting Service Agreements for service-providers, coaches and consultants - Drafting Master Service Agreements and SOWs - Drafting Terms of Service and Privacy Policies - Preparing policies and procedures for businesses in highly regulated industries - Drafting Employee Handbooks, Standard Operations and Procedures (SOPs) manuals, employment agreements - Creating Employer-employee infrastructure to ensure business compliance with employment and labor laws - Drafting Independent Contractor Agreements and Non-Disclosure/Non-Competition/Non-Solicitation Agreements - Conducting Federal Trademark Searches and filing trademark applications - Preparing Trademark Opinion Letters after conducting appropriate legal research - Drafting Letters of Opinion for Small Business Loans - Drafting and Responding to Cease and Desist Letters I service clients throughout the United States across a broad range of industries.
