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Here's What
You Need To Know About the Listing Agreement
Part 1: Types of Contracts
Now that you've chosen a real estate professional to sell your home,
you'll need to work together to complete a listing agreement. This legally
binding contract authorizes a broker and his or her sales associates to
find a buyer for your home, according to the conditions specified in the
contract.
Of the four types of standard agreements, Exclusive Right to Sell is the
most common. Open Listing, One-time Show and Exclusive Agency are also
available. Your real estate professional will select the one that best
suits the situation.
Types of Contracts
Exclusive Right to Sell - This popular listing agreement allows the
listing agent to market the home to other real estate professionals who
represent buyers. Your agent will receive a commission no matter who
actually sells the home, even if you sell the home. Listing agents prefer
this type of agreement because it guarantees that the cost of marketing
the home would be covered.
Open Listing - Frequently used by owners selling their own home, this
contract is generally offered to several brokers at once, and commission
is due to that one who produces an acceptable offer. An Open Listing
essentially prevents an owner and a buyer from negotiating on the side.
The agent would not market the home.
An Open Listing can be used when there is no Multiple Listing Service in
an area. In this case, whoever locates a qualified buyer first will earn
the commission. If you find a buyer on your own, you don't have to pay a
commission, unlike the Exclusive Right to Sell Agreement, where an agent
earns a commission no matter who locates a buyer. Note: As long as an Open
Listing is in force, you can't sign an Exclusive Listing. So carefully
select the expiration date of an Open Listing. You can always extend the
contract if you desire.
One-time Show - This one-time agreement is similar to the Open Listing in
that it's used by a real estate professional when showing a "for sale by
owner" home, and it guarantees the commission should his customer purchase
the home. It's essentially an Open Listing with a very short window,
usually one day, and restricted to one client. The agent is not
responsible for marketing the home.
Exclusive Agency Listing - This agreement while a seller has an
opportunity to produce a buyer, without paying commission. The agent can
market through the MLS, provided that the local MLS does not have a
prohibition.
One final thought: Don't let the preprinted forms fool you-everything in a
listing agreement is negotiable and may be tailored to reflect your
specific requirements.
Mike Cromie of Prudential Properties Northwest I,
Palatine, can be reached at 847-705-6500. Mike Yeats of Prudential
Properties Northwest, Arlington Heights, can be reached at 847-398-4600.
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