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Listing contract

A listing contract is a contract to list some real estate by a real estate agency (or brokerage) as being offered for sale at a given listing price. It is a contract which is agreed to and signed by a real estate agent/broker and the owner(s) of the property (real estate) who want(s) to sell it. The contract is often referred to as a listing agreement. Upon listing the property, the real estate agency tries to get (or find) a buyer for the property. In consideration of the brokerage successfully finding a satisfactory buyer for the property, a real estate broker anticipates receiving a commission (fee) for the service the brokerage provided.

Contents
* 1 Commission
* 2 Listing price
* 3 Expiration date
* 4 Types of listing contracts

Commission

Although the terms of the contract could vary, usually the payment of a commission to the brokerage is contingent upon:

* the successful negotiation of a purchase contract between a satisfactory buyer and seller and the subsequent ability and willingness of the buyer to close the deal, or

* finding a satisfactory buyer who is ready, willing, and able to pay the full listing price (or more) for the real estate for sale without any contingencies.

If the seller refuses to sell the real estate when one of the above two conditions applies, it is typically considered that the real estate agent has done his job of finding a satisfactory buyer and the seller must still pay the commission, although the details are determined by the listing contract. If the buyer cannot or does not buy the property, then the brokerage has not yet done its job and the seller does not yet owe the broker a commission.

The commission is usually a percentage of the sales price of the property ranging from perhaps a couple percent to about 10%, but usually in the range of about 3 - 7% for houses. The commission could also be a flat fee or some combination of flat fee and percentage, particularly in the case of lower-priced properties, vacant lots, or other unusual real estate. Again, the details are typically determined by the listing contract. The commission is paid by the seller to the listing real estate broker, who will compensate his/her listing agent and any other brokers/agents from this commission by a separate agreement with them.

Listing price

The listing contract typically also includes a listing price for the property and an expiration date by which the contract expires (ends). However, the property may be sold at a lower or higher price. If the seller agrees to and successfully sells (i. e. closes the deal) the property at a lower price, the seller must still pay the broker a commission, although a percentage at a lower price would result in a proportionally lower commission. If the seller does not accept a price lower than the listing price, then the broker will have to wait until a satisfactory sale to earn the commission. If the price obtained is higher than the listing price and the commission is based on percentage, then the broker is paid a proportionally higher commission. Furthermore as mentioned before, if the price offered is equal to or higher than the listing price by a ready, willing, and able buyer (without contingencies), then the broker has earned a commission and the seller must pay it regardless of whether the sellers sells the property. In practice, if multiple offers are presented, the seller may accept whichever offer is most suitable to him/her even if the price is not highest, and the percentage commission will paid according to the accepted price. The seller, often in concurrence with the real estate agent, may choose to accept an offer that is lower than the highest for various reasons, such as terms or contingencies in the purchase contract offered or perceived differences in financial qualification of the competing buyers.

Typically, the real estate agent has the experience and data to determine a suitable listing price for the seller's property and will recommend a listing price to the seller. The seller can accept, reject, or try to negotiate a different listing price for the contract. If the seller's price is unrealistically high and the agent cannot convince the seller otherwise, the agent can decline to list the property.

Expiration date

Listing a property commonly incurs certain expenses for the listing broker and takes some time and effort for the listing salesperson. To make it worthwhile for them, they want a certain minimum listing time period to have a good chance of selling the property. However, the listing contract must have an expiration date. A typical listing period is often from 3 or 4 months to 6 months until the listing expires. If the property is not sold or under a purchase contract by then, the seller may decide to re-list the property, perhaps with a different listing price, with the same or a different broker or agent, or not list it at all. The listing of the property can start at a date later than the date the listing contract is signed to allow the seller time to prepare the property for showing or sale.

Types of listing contracts

There can be several types of listing contracts:

* Exclusive right to sell - The seller must pay the agency (brokerage) a commission if, by the expiration date in the listing contract, the real estate is sold, regardless of whether the buyer is gotten through the agency or not. Even if the seller finds the buyer him/herself, a commission is still owed to the agency. Furthermore, the seller cannot list the property with any other agency until the listing expires with the property unsold.

* Exclusive Agency - The seller can only list the property with one agency (brokerage) until that listing expires with the property unsold. The seller must pay the agency a commission if the real estate is sold to a buyer gotten through the agency. If the seller finds the buyer him/herself, the seller does not have to pay the agency a commission.

* Open Agency - A seller can list the property with more than one agency (brokerage) in open agency listings. The seller must pay a commission to that agency which finds the buyer that the real estate is sold to. If the seller finds the buyer him/herself, the seller does not have to pay any agency a commission.

 
   

 

 

About Hilton Head Island
With such an amazing variety of things to do on Hilton Head Island, somewhere, somebody is teeing up for the best round of golf they've ever played. Somewhere, a family of four is enjoying their Hilton Head vacation, strolling down a secluded beach as warm Atlantic waters lap at their feet. Somewhere, a couple is enjoying the pastel-colored sky of a beautiful Hilton Head Island sunset. Renowned as one of the world's most family-friendly destinations, Hilton Head Island offers unlimited opportunities for holiday memories and was recently named one of the top ten family beaches in the country. As an intimate getaway for two or an idyllic backdrop for a family reunion, the Island extends a variety of outdoor and indoor recreational activities. You'll notice that there's something different about Hilton Head the moment you arrive. By design, there is a sensitive nod to the environment that has become the blueprint for other developments around the nation. Buildings are set back from the main roads, showcasing the native pines and oaks. Colors are not flamboyant and bright; instead, they are subdued and blend with the natural environment. And bright streetlights here are as rare as snowstorms. A progressive land purchasing program undertaken by town leadership ensures that there's plenty of green wherever you go, and strict development guidelines ensure that the only thing between your eyes and a breathtaking view are your sunglasses. It's easy to see why more than 39,000 people have chosen to call the Island their permanent home. At the very foundation of the Hilton Head Island vacation experience is the community of full-time residents who work hard to make sure their Island is a clean, safe and enjoyable place to visit. You'll notice it in the friendly faces that greet you wherever you go. There is a relaxed and warm island attitude in the air, one that whispers "Welcome to Hilton Head Island. Hilton Head Island was named one of the Top 10 Family Beaches.

Hilton Head Island Attractions & Activities
Hilton Head Island fills your family's days with fun and activities. Pristine beaches, flexible accommodation options and endless recreation have made Hilton Head Island a first choice for family vacations. Both day and evening entertainment for the entire family is far reaching. Every April, the Verizon Heritage PGA TOUR golf tournament is played in Hilton Head Island and the Hilton Head Celebrity Golf Tournament is held on Labor Day Weekend. During the month of May, Hilton Head Island and the Lowcountry celebrate the area’s vibrant arts community and diverse cultural heritage through visual and performing arts events, cultural activities and programs with BRAVO-Celebrate the Arts! Budget friendly activities are available day and night on the Island. Families can venture to the top of the Harbour Town Lighthouse in Sea Pines for only a dollar each person. This activity offers a clear view of the Island’s south end as well as the eye pleasing Harbour Town Marina. Also available in Sea Pines is shopping, waterfront dining and horse back riding. Families could spend at entire day in Sea Pines alone. Other family friendly spots include Shelter Cove Harbour, Adventure Cove, the Coastal Discovery Museum and The Sandbox, An Interactive Children's Museum. Shelter Cove Harbour offers a variety of experiences such as shopping, kayaking, sailing and cruise excursions, fireworks and concerts. Activities at Adventure Cove include laser tag, bumper cars, video arcade, an indoor play room, miniature golf and more. Other miniature golf courses include Legendary Golf and Pirate’s Island Adventure Golf. The Coastal Discovery Museum offers programs, activities, and exhibits to make learning about Hilton Head and other sea islands an enjoyable experience. The museum is a great place to visit any time of the year. With indoor and outdoor exhibits, activity centers in the Sea Island Classroom, the History Time-line Exhibit and museum store, plus 11 different tours and cruises around the island, the museum is a fantastic way to become familiar with the Island's unique history and ecology. The Sandbox is a hands-on interactive museum filled with unique entertaining, and educational play areas to explore. At The Sandbox all the exhibits are designed to help children learn while having fun and bonding with each other and their caregivers. There are no “do not touch” signs at this Museum. Children can sail away on Captain William Hilton’s ship The Adventure, find their Passport to the World in the international airport terminal with a simulator plane ready to take the little ones anywhere, and visit the Loggerhead sandcastle filled with magic sand. For a more relaxing adventure, two multi-screened movie theaters and one independent film theater allow families to catch the latest on the silver screen. In addition, the stage is always set at the Arts Center of Coastal Carolina, the South Carolina Repertory Company and the May River Theatre Company.

Directions to Hilton Head Island

From I-95: Take Exit 8 (eight miles from the Georgia border) and go east following signs to Hilton Head Island. This is Highway 278 and you will travel about 18 miles and then you cross the bridge to Hilton Head. Continue over the bridge and look for signs for the Cross Island Expressway. If you are going to the south end of the island (Shipyard, Coligny, Forest Beach, Sea Pines) stay to your left and use the expressway (Toll $1) to save time. Otherwise, keep right and stay on Highway 278 Business. After you cross the bridge onto Hilton Head Island, look for the Welcome Center and Coastal Discovery Museum on your right. The Welcome Center has brochures on Hilton Head activities, additional maps and upcoming events. If flying into the Savannah/Hilton Head International Airport, take I-95 North and follow the above directions.