Explanation: A written listing agreement between a seller and a broker is an example of a bilateral contract. A bilateral contract is a type of contract where both parties make promises to each other. In this case, the seller promises to sell the property and the broker promises to find a buyer.
To be legally enforceable, a listing agreement must satisfy four requirements. It must contain a property description, include a promise of compensation, specify a fixed figure for the compensation (either a percentage or a dollar amount), and be in writing and signed by the seller.
Every valid contract in California needs to have four essential elements. (1) The parties must be capable of contracting, (2) the parties must consent to the contract, (3) the contract must have a lawful object (they cannot be for illegal services), and (4) the contract must be supported by consideration.
Eight Listing Traps to Avoid Approach to Conflicts of Interest. Non-Disclosed Referral Fees. Lack of Specificity in the Listing Agreement. Unquantifiable Efforts. Long Listing Agreements. Seller Costs. Focus on Brokerage Rather Than Agent. Paying Out of Escrow.
A listing contract (or listing agreement) is a contract between a real estate broker and an owner of real property granting the broker the authority to act as the owner's agent in the sale of the property.
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.
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.