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A listing agreement creates a legal relationship where the broker acts on behalf of the seller. It enables the broker to market the property, conduct negotiations, and earn a commission if the property is leased. Specifically, a Tennessee Listing Agreement with Broker for Leasing of Premises with Commission Agreement sets clear expectations and responsibilities for both parties.
There are four essential elements of a valid contract: capable parties; 2022 mutual consent; 2022 legal object; and 2022 consideration.
There are no implied agencies in Tennessee, because Tennessee law states that a written agreement is required to create an agency agreement.
Dual agency is still legal in Tennessee (if it is fully disclosed to both parties and both parties consent to it).
Dual agency is illegal in eight states: Alaska, Colorado, Florida, Kansas, Maryland, Oklahoma, Texas and Vermont. The other states have different laws governing the disclosure of dual agency and the behavior of dual agents.
No broker or affiliate broker shall accept or enter a listing based on a net price (i.e., a price excluding the customary commission and expenses associated with the sale). Authority: T.C.A. § 62-1311.
If a licensed real estate agent licensee lists a property which their buyer client wishes to buy, the licensee will be the agent for both the buyer and the seller. This is called Dual Agency.
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.
In Tennessee, the law allows for agents to represent both buyers and sellers of the same property. But if you're buying a home in the greater Nashville area, you deserve to employ a buyer's agent who has no fiduciary interest in the sellers.
The elements that make up a listing agreement.Names, addresses, and contact information for both the owner and the agent.The time period in which the property will be listed for sale.The listing price of the property.The type of listing agreement being entered into.More items...