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.
Ms. Ayub is an attorney licensed to practice in Texas. Before moving to the US, she has a number of years of experience in contract review, analysis and drafting. Ms. Ayub is available to help you with your legal problems, as well as filling LLC and other business entity formation documents. To know more about her practice, please visit https://ayublawfirmpllc.com/.
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My career interests are to practice Transactional Corporate Law, including Business Start Up, and Mergers and Acquisitions, as well as Real Estate Law, Estate Planning Law, Tax, and Intellectual Property Law. I am currently licensed in Arizona, Pennsylvania and Utah, after having moved to Phoenix from Philadelphia in September 2019. I currently serve as General Counsel for a bioengineering company. I handle everything from their Mergers & Acquisitions, Private Placement Memorandums, and Corporate Structures to Intellectual Property Assignments, to Employment Law and Beach of Contract settlements. Responsibilities include writing and executing agreements, drafting court pleadings, court appearances, mergers and acquisitions, transactional documents, managing expert specialized legal counsel, legal research and anticipating unique legal issues that could impact the Company. Conducted an acquisition of an entire line of intellectual property from a competitor. In regards to other clients, I am primarily focused on transactional law for clients in a variety of industries including, but not limited to, real estate investment, property management, and e-commerce. Work is primarily centered around entity formation and corporate structure, corporate governance agreements, PPMs, opportunity zone tax incentives, and all kinds of business to business agreements. I have also recently gained experience with Estate Planning law, drafting numerous Estate Planning documents for people such as Wills, Powers of Attorney, Healthcare Directives, and Trusts. I was selected to the 2024 Super Lawyers Southwest Rising Stars list. Each year no more than 2.5% of the attorneys in Arizona and New Mexico are selected to the Rising Stars. I am looking to further gain legal experience in these fields of law as well as expand my legal experience assisting business start ups, mergers and acquisitions and also trademark registration and licensing.
