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.
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.
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.
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).
The three types of real estate listing agreements are open listing, exclusive agency listing, and exclusive right-to-sell listing.
An exclusive right-to-sell listing is the most commonly used real estate contract. With this type of listing agreement, one broker is authorized as the seller's sole agent and has exclusive authorization to represent the property.
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.
A listing agreement is a contract between a property owner and a real estate brokerage that authorizes the broker to represent the seller and act as their agent in the sale of the property.
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.