This form grants to a realtor or broker the sole and exclusive right to list and show the property described in the agreement on one occasion. This form is a generic example that may be referred to when preparing such a form for your particular state. It is for illustrative purposes only. Local laws should be consulted to determine any specific requirements for such a form in a particular jurisdiction.
Listing Agreement Document With A Self-renewing Clause In Travis
Category:
State:
Multi-State
County:
Travis
Control #:
US-00056DR
Format:
Word;
Rich Text
Instant download
Description
Form popularity
FAQ
In most markets, a 90 or 120-day exclusive right to sell gives the experienced agent time to effectively market the home. If the listing expires and the agent is doing a poor job, the seller isn't stuck with a bad agent. However, if the agent is doing a good job when the listing expires, the listing can be renewed.
The three types of real estate listing agreements are open listing, exclusive agency listing, and exclusive right-to-sell listing.
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 may not have automatic extensions; it must, in fact, have an expiration date. The broker is also required to give a copy of the listing agreement to the seller once it has been signed for their records and reference.
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.
The written listing agreements in real estate must not contain a self-renewing clause. However, they must contain elements like property description and a definite expiration date. It's also acceptable for them to contain a clause requiring the broker to deliver the agreement to the seller within a certain timeframe.
The exclusivity previously granted to the agent no longer applies, and the seller has the flexibility to explore different representation options. Keep in mind that some Exclusive Right to Sell Agreements may include a clause for automatic renewal or extension if certain conditions are met.
Second, in California, as of 2024, you cannot have a listing agreement term for longer than 24 months, and if you essentially had an indefinite listing agreement, this would be unlawful.
TREC does not promulgate listing or buyer representation agreements, property management contracts, forms for commercial property, or residential leases (other than temporary residential leases used in connection with a sale).
