A "listing agreement" is a contract between a real estate agent or broker (the industry professional who will be listing the property for sale) and a home seller.
A listing agreement is a binding contract, but there are a number of ways to get out of one. Whether you change your mind about selling, have ethical or performance concerns about the agent, or you just don't find a buyer, you can get out of a listing agreement.
In most markets, a 90 or 120-day exclusive right to sell gives the experienced agent time to effectively market the home. If the listing expires and the agent is doing a poor job, the seller isn't stuck with a bad agent. However, if the agent is doing a good job when the listing expires, the listing can be renewed.
To avoid such predatory practices, California enacted Civil Code 1670.12 and Government Code 27280.6, which took effect January 1, 2024, prohibiting an exclusive listing agreement to last longer than 24 months or to renew such a listing for longer than 12 months.
Less commonly, the term listing agreement also refers to a contract made between a security issuer (e.g., a public company) and the financial exchange that hosts the issue. Examples of exchanges include the New York Stock Exchange (NYSE), the Tokyo Stock Exchange (TSE), and the London Stock Exchange (LSE).
Exclusive right to sell listing agreement An exclusive right to sell listing is the most widely-used listing agreement. Under this agreement, the broker has the exclusive right to market the property for a specified period of time.
Though notarization is not required, it may still be a good idea to have a notary present in order to verify the identities of all signers.
Write the contract in six steps Start with a contract template. Open with the basic information. Describe in detail what you have agreed to. Include a description of how the contract will be ended. Write into the contract which laws apply and how disputes will be resolved. Include space for signatures.
A listing agreement is a contract between a property owner and a real estate broker that authorizes the broker to represent the seller and find a buyer for the property. The three types of real estate listing agreements are open listing, exclusive agency listing, and exclusive right-to-sell listing.