Real Estate Mark Daya January 24, 2025
Selling your home is a major life decision, and for many homeowners, it can be a daunting task, especially if you're unfamiliar with the nuances of a real estate transaction. One of the first steps to getting your property listed and ready for sale is signing a listing agreement with a real estate agent. While the process may seem overwhelming, understanding the details of this agreement can make the entire process smoother. In this blog post, we break down what a listing agreement entails, its purpose, and the different types you might encounter when selling your home.
A listing agreement is a legally binding contract between you, the homeowner, and a real estate agent or broker. This document outlines the terms under which the agent will market and sell your home. It serves as the official agreement to hire the agent to handle the sale, much like an employment contract. Importantly, the listing agreement ensures that both you and the agent understand your respective duties and expectations.
Once you’ve agreed on all aspects of the sale, including price and marketing strategy, you’ll sign the listing agreement to begin the process. Agents typically earn a commission once the sale is complete, meaning no upfront money is required at the time of signing.
The listing agreement is vital for protecting both you and your agent throughout the selling process. It ensures that:
You have a clear understanding of your agent’s responsibilities, and if they fail to meet expectations, there’s a defined course of action.
Your agent is guaranteed a commission if the sale is completed during the contract period.
There are several types of listing agreements, each with its own benefits and rules. The most common are:
Exclusive Right-to-Sell Listing
This is the most widely used agreement. In this case, you agree to work exclusively with one agent. The agent receives a commission regardless of whether the sale is made by the agent, you, or another party.
Exclusive Agency Listing
Similar to the exclusive right-to-sell, but with one key difference: You still have the right to sell the property yourself without paying a commission to the agent if the sale happens through your own efforts.
Open Listing
This non-exclusive agreement allows you to work with multiple agents. The agent who sells the home is the one who earns the commission. However, if you sell the home yourself, no commission is owed to the agent.
When reviewing a listing agreement, there are several key components that should be clearly outlined:
Contact Information
Names, addresses, phone numbers, and other relevant details of the seller and agent.
Property Description
An accurate description of the property, including what fixtures will stay and which items will be removed.
List Price
The price at which you and your agent have agreed to list your home, based on market research and local comparables.
Agreement Duration
The length of time the agreement is in effect, typically between three and six months.
Agent’s Duties
The specific tasks your agent will undertake, including marketing, holding open houses, and listing the property on MLS.
Agent Commission
The commission is completely negotiable. You and your agent will agree upon a percentage. Oftentimes that percentage will be determined by the level of service that is provided.
Conflict Resolution
How any disputes between you and the agent will be handled, typically through mediation or arbitration.
Protection Clause
Ensures that if a buyer is found during the listing agreement period but purchases after the agreement expires, the agent is still entitled to a commission.
While the listing agreement is legally binding, it is negotiable. Key areas you may wish to negotiate include:
The type of listing agreement
The commission rate
The agent’s responsibilities
The listing price
Be sure to review the document carefully before signing and make changes if necessary. If any details change after signing, an addendum will be attached, which must be signed by both parties.
If you decide that you no longer want to sell your home or if you’re unhappy with the agent's performance, you can terminate the agreement. Most agents will agree to cancel the listing if they haven’t found a buyer yet, but it’s important to clarify the cancellation policy beforehand.
When it comes to selling your home, choosing the right agent is crucial. At Sac Platinum Realty, we prioritize your success by offering expert guidance, local market knowledge, and personalized service. We ensure that the listing agreement is a clear and fair representation of both your needs and expectations, helping you navigate the selling process with confidence.
Ready to sell your home? Contact Sac Platinum Realty today to get started with a trusted team dedicated to making your sale seamless and successful. Let’s turn your real estate goals into reality!
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