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.