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.
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).
Similarly, real estate agents may use electronic listing agreement forms to create an enforceable agency relationship with a client, as though it were a printed document manually signed by the client.
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).
An offer; Mutual acceptance of the terms of the contract; A meeting of the minds on accepted terms; and. Mutual intent that the contract is legally binding.
The truth is, while notarization can add a layer of authenticity and protection, it isn't always required for a contract to be legally binding. Notarization involves a certified notary public witnessing the signing of a document, ensuring the signers' identities, and confirming their willingness to enter the agreement.
A listing agreement authorizes the broker to represent the seller and their property to third parties. The listing agreement is an employment contract rather than a real estate contract: The broker is hired to represent the seller, but no property is transferred between the two.
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.