Feb 27 2009
What Is a Listing Agreement?
Coming from a blog about FSBO (For Sale by Owner) real estate, this post about a listing agreement could seem strange.
The Purpose behind This Post:
Yes, it’s no secret that I support selling and buying real estate on your own, without an agent, and that’s what I’m always telling you here. And if you know anything about listing agreements, it’s also no secret that these are made between home owners and real estate agents (the very people I’m saying you don’t require a partnership with, no offense to the hard-working ones).
So why am I dedicating a post to an explanation of this term? Simply put, understanding how listing agreements work can only benefit you on your path to real estate knowledge. (Disclaimer: This is my advice, based in the state I have currently work in. For more information, consult the real estate laws of your given state.)
(1) As a FSBO buyer: You may come across a home listed with an agent, one that you want to buy. If you are unrepresented, do you know what will happen?
(2) As a FSBO seller: You may change your mind and want to use an agent, or you may just want to sit on the fence a little, not officially making a decision one way or the other. Do you know if that’s possible? Do you know if you can go FSBO while also having an agent in your back pocket just in case?
What is a Listing Agreement?
A contract between a real estate broker and a property owner/seller that gives that broker the right to represent the seller, in offering the property for sale, for a set amount of time and for a set price—in exchange, the seller will pay the broker a commission of the sale, based upon the amount stipulated in the contract
How Does This Affect Me, As an Unrepresented Buyer?
Real estate commissions are paid from the sale price of a home. When the buyer and the seller both have agents, the commission percentage is split between them (Example: a 6% commission split into 3% for each agent). When the buyer does not have an agent, the entire commission goes to the seller’s agent. This is not bad, and sometimes it can give you greater negotiating power from the seller with an agent, as the agent may be willing to knock down part of the full commission for a sale.
As a Seller, Can I Have a Listing Agreement and Go FSBO?
Sometimes. Thing is, there are different types of listing agreements. Here are three:
If you have an “open listing,” this means your agreement gives an agent the opportunity to find you a buyer, bring buyers to your house, etc., and he or she will only receive commission if he or she brings you the buyer.
You could also have a “one-time show” from an agent who has a buyer interested in your home and is bringing them by to see it. In this case, you might sign an agreement that says the agent would receive X amount of commission if the sale went through with this particular buyer only.
Most commonly, though, listing agreements are what we call “exclusive-right-to-sell agreements.” It gives the broker/agent the exclusive right to sell your home and earn a commission. In typical agreements like these, no matter where the buyer comes from, the agent is the one who earns the commission. (However, note that you can also make stipulations in the original contract, if you’d like.)





