The listing contract – Downing Frye Realty, Inc. - Homepage

leftThe Listing Contract
Also referred to as a listing agreement, the listing contract gives a licensed real estate professional authorization to act on your behalf in the sale of your home. Listing contracts come in all shapes and sizes, but there are characteristics which are common to all. Among the elements of any valid listing contract are:

Writing - All real estate contracts must be in writing.

Employment - The listing contract is a personal services contract between you and the broker. It contains all of the terms and conditions of employing the broker and authorizing the broker to represent you in marketing and selling your home.

Compensation - For any contract to be valid, there has to be compensation. The listing contract will specify the amount and timing of payment to your broker.  Typically, payment is an agreed upon percentage of the sales price, payable at closing.  It is important to note that your obligation to pay your broker may not absolutely depend on a finalized sales transaction.  For example, if the broker finds a bona-fide buyer who is willing to pay your asking price and agree to the terms you have offered, but you get cold feet at the last moment and decide not to sell, the broker has done his job and is entitled to be paid under the terms of the listing contract.

Title - All listing contracts will ask who has title to the property.  Property can't be sold unless everyone with holds title interest in the property are part of the sale.

Termination date - You shouldn't sign any listing contract without a specific termination date.  The most common duration is 180 days.  If the contract has an indefinite duration such as until sold, or no duration specified at all, dont sign it.  The listing contract is a legally binding document and you don't want to get locked into one with no clearly defined termination date.  If the contract expires before your home sells and you still want to keep using the same broker, you can simply sign a new contract.

There can be and often are other elements to a listing contract.  As with any legal document, you should read the listing contract very carefully and be sure you understand exactly what you are agreeing to before signing.  If you have any questions about your listing contract it would be wise to consult a lawyer for clarification.

My Listing Pledge - Many Sellers are often leery of signing a listing agreement for any period of time.  They are nervous that the Realtor® will do what they promise to do.  I add an addendum to my listing agreement that allow my Sellers to cancel their listing agreement with me at any time if they feel I am not doing my job.  I ask for a chance to remedy any problem a Seller may have with my services.  If my Seller is still not satisfied, I will release them from the listing agreement.  I am confident of my services and I am willing to back up my promises.  See what some of my past clients have to say about my services.

I understand that you may be in the information gathering stage and may not be ready to open up about who you area or your real estate needs at this time.  If you are not comfortable providing all your contact information that is perfectly okay.  Just enter your first name and your e-mail address so I can send you the material you requested.

Please be assured that your privacy will be kept sacred and your information will never be shared with any third party.

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