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Types of Listing Contracts
There are several different types
of listing contracts, but very few of them are used.
The "Exclusive Right to Sell" is the most
common, but there is the "open listing,"
the "exclusive agency listing," and the
"one-time show."
Open Listing
Types of Listing Contracts
There are several different types of listing contracts,
but very few of them are used. The "Exclusive
Right to Sell" is the most common, but there
is the "open listing," the "exclusive
agency listing," and the "one-time show."Open
ListingThe "open listing" is mostly used
by people trying to sell their home by owner who are
also willing to work with real estate agents. Basically,
it gives a real estate agent the right to bring buyers
around to view your home. If their client buys your
home, the agent earns a commission. There is nothing
exclusive about an open listing and a home seller
can give out such listings to every agent who comes
around.For that reason, no agent is going to market
your home or put it in the Multiple Listing Service.
If your home fits the criteria for one of their clients,
and it is convenient, they may be willing to show
it to their client. That is all an "open listing"
is good for.
One-Time Show
A "one-time show" is
similar to an open listing in many respects, as it
is most often used by real estate agents who are showing
a FSBO (for sale by owner) to one of their clients.
The home seller signs the agreement, which identifies
the potential buyer and guarantees the agent a commission
should that buyer purchase the home. This prevents
the buyer and seller from negotiating directly later
and trying to avoid paying the agents commission.As
with an open listing, agents will not be spending
money on marketing your home and it will not be placed
in the Multiple Listing System.
Exclusive Agency Listing
An "exclusive agency"
listing allows an agent to list and market your home,
guaranteeing them a commission if the house sells
through any real estate agent or company. It also
allows sellers to seek out buyers on their own.This
is not a popular type of listing agreement. The reason
is that there is not much incentive for agents to
spend money marketing your home. If you come up with
your own buyer, they have spent money they cannot
earn back through the real estate commission. Plus,
it is too easy for a greedy buyer to go around the
agent and negotiate directly with the seller.If you
find an agent willing to accept such a listing, do
not expect too much from them. They will probably
just place it in the Multiple Listing Service and
sit around to see if something happens. A good agent
would never accept such a listing, and you probably
want a good agent.
Exclusive Right to Sell
Giving a real estate agent the
"exclusive right to sell" your property
does not mean that there will not be other agents
involved. Your agent is the listing agent and part
of his or her job is to market your home to other
agents who work with buyers. Those agents will show
your home to their clients. Regardless of who sells
the home, even if you sell it yourself to a friend
at work, your listing agent will earn a commission.An
exclusive right to sell is the only type of listing
an effective real estate agent will accept. This is
because they have a reasonable expectation of earning
back any money they spend on promoting and marketing
your property.
Details of a Listing Contract
Obviously the name of the seller
and the property address will be included in the listing
contract. There are many other things that are included,
too, and you should be aware of them.
Price and Terms of Sale
When setting the terms of sale,
the main thing you are concerned with is the price.
You should have a basic idea of what your home is
worth by keeping track of other sales in the neighborhood.
Plus, you have probably interviewed at least two real
estate agents and they have given you their own ideas.
Exercise great care in determining your asking price,
making sure not to set it too high or too low.In addition
to the price, you will disclose what personal property,
if any, goes with the house when you sell it. Personal
property is anything that is not attached or fixed
to the home, such as washers, dryers, refrigerators,
and so on.There may be some item that is considered
"real property" that you do not intend to
include in the sale. Real property is anything that
is attached to the home. For example, you may have
a chandelier that has been in your family for generations
and you take it from home to home when you move. Since
the chandelier is attached to the house, it is considered
"real property" and a reasonable buyer would
normally expect it to go with the house.
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