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Regarding the mentioned carry over clause, the purpose of that clause is to protect the agent's marketing efforts.
By keeping a listing in-house, even for a short while, instead of placing it with the MLS or refusing to work with a cooperating agent, a broker isn't fulfilling the fiduciary responsibility to the seller. This is the most common breach of a listing agreement.
The three (3) most common types of Listing Agreements are:Exclusive Right to Sell.Exclusive Agency.Open Listing.
(1) Every issuer or the issuing company desirous of listing its securities on a recognised stock exchange shall execute a listing agreement with such stock exchange.
Open listings are the most common type. Under an open listing, the property owner offers a real estate broker a commission, usually a percentage of the sale, if the the property is sold.
A carry over or protection clause in a listing contract that says the listing broker is entitled to comission for a time period after expeiration of the listing ter if the property is transferred to a prospect that the broker introduced to the property during the lisitng term; override clasue.
At a minimum, a listing agreement should contain a property description, state the required terms of sale, establish the scope o the broker's authority, and include a promise of compensation. An exclusive agency or exclusive right to sell listing must also have a termination date.
What does a carryover clause do? Allows the broker to collect a commission for some period of time after the listing expires.
An exclusive right to sell listing is the most widely-used listing agreement. Under this agreement, the broker has the exclusive right to market the property for a specified period of time.
Taking ActionAsk for a release: The time to ask about canceling a listing is when you sign the listing contract.Request a release in writing: Tell your agent immediately if you want to cancel.Ask to be assigned another agent: Realize that your listing is between the brokerage and you, not you and your agent.More items...