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Contract entered into when a seller hires a real estate broker to help sell a piece of property |
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3 Basic Types of Listing Agreements: |
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- Open Listing
- Exclusive Right to Sell Listing
- Exclusive Agency Listing |
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Owner agrees to list with only one broker and owes that broker a commission if home sells, unless the owner sells the property themselves |
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Exclusive Right to Sell Listing |
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Owner can list with only one borker and owes that broker a commission no matter who sells the property |
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Owner pays a broker commission to the broker who is the procuring cause of the sale |
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Under WA State Law, to be enforceable, every listing agreement must (4): |
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- Identify the property to be sold (or leased)
- Include a promise to compensate the broker
- Specifiy a specific compensation for the broker
- Be in writing and signed by the seller
(A complete legal description, although preferable, is not absolutely req'd by WA law, as long as listing clearly identifies property in question) |
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A listing in which the commission is any amount received from the sale over and above the "net" required by the seller.
Illegal and not enforceable in WA State. |
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All Listing Agreements should at least contain (7): |
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- Description
- Authorization of broker as agent
- Promise to pay broker & the amount
- Conditions under which commission will be payable
- Terms of sale the seller will accept
- Duration of listing agreement (vs. reasonable time)
- Seller's warranties of accuracy of info given to broker and in the listing agreement |
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AKA "safety" or "carryover" clause.
A provision that obligates the seller to pay a commission if the property sells within a certain period after the listing expires to someone the broker procured during the listing period. |
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Licensees are required to give a copy of any document they prepare to the parties at the time of signature |
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Receipt of Agency Pamphlet |
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WA State law requires agents to give the pamphlet to other parties when entering into a listing agreement.
Many listing agreements include a provision in which the seller must acknowledge receipt of this pamphlet. |
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Term
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Definition
The person who directly or indirectly brings about a sale |
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