Listing Agreement Contract For Unimproved Property In Phoenix
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A listing agreement is a type of real estate contract in which a property owner gives a real estate agent or broker the authority to find a buyer for their property. If you decide to sell your home using a realtor, you will likely be asked to sign a listing agreement.
If you're asking whether you need a lawyer to draft a contract, legally, the answer is no. Anyone can draft a contract on their own and as long as the elements above are included and both parties are legally competent and consent to the agreement, it is generally lawful.
The Five Elements of a Contract Offer. Acceptance. Consideration. Capacity. Lawful Purpose.
Understanding the five essential features of a legally valid real estate contract in Arizona is fundamental. These features include mutual consent, capacity, consideration, a written format, and a proper description of the property. To begin, mutual consent requires both parties to agree on the same terms.
Not all real estate contracts are assignable. Certain properties, such as those sold by government entities or banks as REOs, often have clauses that prevent assignment.
If the contract specifically precludes assignment, the contractual right is not assignable. Whether a contract is assignable is a matter of contractual intent and one must look to the language used by the parties to discern that intent.
In Arizona, most real estate contracts are assignable unless explicitly stated otherwise in the agreement. Certain conditions may affect this, however. For example, contracts involving personal services or that require specific qualifications of the parties may not be assignable.
Listing agreements are usually cancelled only with the mutual consent of the involved parties. Depending on the terms of the agreement, a Broker may be not required to cancel the listing at the owner's request. The listing agreement may obligate the consumer monetarily after cancellation.
All in all, it is legal to assign real estate contracts. In fact, all contracts are assignable by default unless specifically stated otherwise within the agreement. As with anything having to do with contracts, it is extremely important to read the contract you will be signing with any seller of a property.
