12.4 Listing Agreement Clauses
12.4 Agreement Clauses
A written listing is a formal contract. If something is left out, it’s assumed not to exist—so accuracy and completeness matter.
Typical Minimum Requirements (Exclusive Listings)
- Names of all owners
- Address and/or legal description of the property
- Listing price
- Expiration date
- Commission terms
- Authority granted
Common Clause Categories (What You’ll Usually See)
- Parties and authorization: who the owners are, who the broker is, and what type of listing it is.
- Property identification: what real property and personal property are included (and what’s excluded).
- Listing term: start/end dates; renewals must be handled carefully (automatic renewals are illegal in many states).
- Agent duties + limits: marketing, showings, MLS, deposits—often with a clear statement the broker cannot sign contracts for the owner.
- Compensation: how commission is earned and paid; remedies if buyer/seller defaults.
- Protection period: commission owed after expiration if the property sells to a buyer the broker procured (subject to conditions).
- Cooperation + agency disclosures: subagency/buyer agency cooperation terms; dual agency disclosure/consent.
- Seller representations + disclosures: ownership, authority, condition disclosures, lead paint, etc.
- Compliance clauses: non-discrimination/fair housing.
- Signatures + acknowledgments: all owners and broker sign and date; “entire agreement” language is common.
Topic 12.4 Check-In
Read the Fine Print
Choose the best answer for each question, then select Check Answers.
Why is completeness so important in a written listing agreement?
A written listing is treated as the complete agreement—if it’s left out, it’s assumed not agreed to.
Which item is commonly a minimum requirement for an exclusive listing agreement?
Many states require exclusives to include a definite expiration date.
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