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13 Cards in this Set

  • Front
  • Back

Employment agreement

Written agreement that entitles real estate brokers to be compensated for services rendered.




Must have a beginning and end

All agreements shall...

Be clear


Fully set forth all material terms, including compensation


Duration


Signed by all parties


Not assignment between brokers


One agreement per property (best practice)



Types of listing agreements

Exclusive Right to Sell


Exclusive Agency


Open Listing


Net Listing

Exclusive Right to Sell Listing

No matter who finds buyer, broker is entitled to commision

Exclusive agency

If the seller finds the buyer, broker is not entitled to commission

Open Listing

Seller hires a number of brokers and first to find buyer is entitled to commission




If seller finds buyer, broker is not entitled to commission




Most common in commercial and business brokering

Net Listing

Seller requires a certain amount from sale, the broker is entitled to anything above that number.

Listing agreements must include...

Agency relationship


Compensation between broker and seller


Permission to use MLS


Written permission to place lockbox and/or sign


Listing price


Property address and legal description


Fixtures/personal property included in the sale


Duration


Names and Signatures of all parties


Broker protection clause

Broker protection clause

If someone wants to back out of the deal and the broker has fulfilled their end of the agreement, the broker is entitled to the commission.

Buyer-Broker Agreements

No matter who finds the seller, the broker is entitled to the commission




Like a sellers listing agreement but for buyers




Gives client fuller representation

Ready, willing, and able buyer

A buyer who is ready to act immediately to the terms of the agreement

Termination of a listing

Completion of the agreement


Listing expires


Abandonment by broker


Revocation - seller/broker is acting unethically


Death of broker or seller(not agent)


Destruction of property


Mutual consent


Bankruptcy


Operation of the law (eminent domain/condemnation)

Multiple listing service

A service where MEMBER brokers share listings and commissions with other MEMBER brokers