Listing Contract In Real Estate In Texas
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FAQ
A listing agreement is between the parties that own a property and the agents or brokers who will find a buyer for it. Typically, a real estate listing agreement involves the property owner and a real estate agent. The property owner, or seller, grants the agent the right to market and sell the property.
The requirement that all listing agreements have a definite expiration date is typically the responsibility of state real estate licensing laws and regulations. Each state has its own laws and regulations governing real estate transactions, including listing agreements between sellers and real estate agents.
As public records, contract forms adopted by the Texas Real Estate Commission are available to any person. Real estate license holders are required to use these forms. However, TREC contract forms are intended for use primarily by licensed real estate brokers or sales agents who are trained in their correct use.
The principal parties to the contract are the listing broker and the client. The client may be buyer, seller, landlord or tenant in the proposed transaction. Legally, the broker is the client's agent. The principal party on the other side of the transaction is a customer or a potential customer, called a prospect.
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.
A listing agreement is an example of an agency relationship that is created by express agency. In this context, express agency arises when the principal explicitly states their intention to create an agency relationship with the agent through a written or verbal agreement.
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.
