Whether you are a prospective real estate agent learning the ropes of the real estate business or a prospective homeowner looking to hire an agent or broker, understanding some of the industry jargon is essential. Not only will it keep you informed throughout the process, but it will also help you understand your options, no matter what side of the transaction you are on.
One of the core operations of real estate is listing a property. But what does that really mean?
A listing agreement is “a legally binding contract that creates an agency relationship authorizing a broker to serve as the agent for a principal in a real estate transaction.” In other words, a listing agreement is an employment contract between a client and a broker that spells out what
the broker is responsible for in the real estate transaction and how the client will compensate them. Breaking this agreement can have legal consequences for the broker or the client.
Once a listing agreement is signed, the broker is authorized to market the property and represent the client’s interest in the sale or purchase process. The agreement outlines the broker’s specific tasks, such as listing the property on the MLS, coordinating showings, and handling negotiations. It also specifies the duration of the agreement and the terms of the broker’s commission. This structured approach ensures that both the client and broker understand their responsibilities and expectations, facilitating a smoother transaction process.
There are four common types of listings: open listings, exclusive right-to-sell listings, exclusive agency listings, and net listings.
An open listing is a non-exclusive contract. This type of listing gives the seller or buyer the right to engage any number of brokers as agents. With an open listing, all contracted brokers can market the property or search for property simultaneously. Still, only the broker who brings the
ready, willing, and able buyer to the seller or who finds the desired property for a buyer will receive a commission. However, if the client ends up buying or selling the property by themselves, they don’t have to pay any commission to the broker. For this reason, open listings are rare since they offer the least assurance that the broker will receive compensation for their efforts.
An exclusive right to sell listing is the most widely-used listing agreement. Under this agreement, the broker has the exclusive right to market the property for a specified period of time. If the property sells while the broker has the listing, the seller must pay the agreed-upon commission regardless of who actually procured the buyer. This limits any conflict with the seller over who was responsible for procuring the buyer.
An exclusive agency listing agreement gives a broker the right to market and sell a property for a specified time period. At the same time, the owner retains the right to find a buyer and sell the property without owing the broker a commission. The seller must pay a commission only if the home is sold by the broker or an authorized agent or subagent of the broker. This type of listing is uncommon in residential transactions because it increases the chances of a dispute between the broker and the seller over who was actually the procuring cause of the sale.
A net listing is technically not a listing agreement at all. In a net listing, an owner sets a minimum amount that they want to receive from the sale of the property and lets the broker have as commission any amount above the set minimum. While in this type of situation, the seller is getting what they want for the sale, it creates a conflict of interest for the
broker by violating the broker’s fiduciary responsibility of putting the client’s interests above their own. For this reason, net listings are generally viewed as unprofessional and are illegal in many states.
It’s critical that you have a strong understanding of the type of listing agreements before becoming a real estate agent. For clarity on this and other important concepts, use Colibri Real Estate School for your pre-licensing education. Our curriculum was written by real estate experts, and it will prepare you to pass your state and national real estate exam – and excel in your career.
Editor’s note: this post was originally published on June 3, 2024.
Lisa E. McKim is a licensed salesperson in the state of California and the licensed broker/owner of McKim Real Estate in the state of Colorado. She has been practicing real estate since 2007 and is a member of the National Association of Realtors. Her areas of expertise include residential real estate, income properties, mixed-use properties, prefabricated homes, and IRA real estate investments. She has been a certified instructor since 2018 and is a member of the Real Estate Educators Association. She teaches pre-licensing, continuing education and career development. Lisa’s twin passions are real estate and helping others, so she considers herself fortunate to have a successful career which has given her huge rewards for both. She is especially proud to be a part of Colibri Real Estate because of the company’s high standards of excellence and integrity.
