exclusive listing agreement is a contractual agreement between a property owner and a real estate agent or broker that grants the agent the right to market and advertise the property for sale, but allows the owner to also market the property independently or engage other agents to assist in the sale.
The listing agreement may be exclusive or non-exclusive. When it is exclusive, the real estate agent has the right to a commission irrespective of who sells the home. When it is non-exclusive, the real estate agent will only get a commission if he or she sells the home.
Exclusive agreements limit a party's ability to work with another, meaning that the exclusive party offers services or products not provided elsewhere. Non-exclusive indicates that the non-exclusive party can work with anyone, including employees, competing products, and customers.
The disadvantage of of a non-exclusive agreement is that agents are more likely to put your needs behind those of their clients who have signed exclusive buyer brokerage agreements with them.
Answer: Yes. The contract forms are available for public use. A TREC contract form, however, is intended for use primarily by licensed real estate brokers or sales agents who are trained in their correct use.
If you're a realtor, you are required to use the Texas Real Estate Commission (TREC) contract forms. Other people buying or selling land in Texas have additional options. You could have an attorney draft a custom contract for you, but this may be expensive.
The "Exclusive Right to Sell" is the most common, but there is the "open listing," the "exclusive agency listing," and the "one-time show." The "open listing" is mostly used by people trying to sell their home by owner who are also willing to work with real estate agents.