Real Estate Principles Ninth Edition Real Estate An

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Real Estate Principles Ninth Edition Real Estate: An Introduction to the Profession Ninth Edition

Real Estate Principles Ninth Edition Real Estate: An Introduction to the Profession Ninth Edition By Charles J. Jacobus South-Western Publishing© 2002

Chapter 20 ____________________ The Principal-Broker Relationship: Employment South-Western Publishing© 2002

Chapter 20 ____________________ The Principal-Broker Relationship: Employment South-Western Publishing© 2002

Listing Agreement • An employment contract between the owner/seller and the real estate broker.

Listing Agreement • An employment contract between the owner/seller and the real estate broker. South-Western Publishing© 2002

Listing Contract Types 1. Exclusive right to sell 2. Exclusive agency 3. Open listing

Listing Contract Types 1. Exclusive right to sell 2. Exclusive agency 3. Open listing 4. Net listing South-Western Publishing© 2002

Exclusive Right to Sell • The listing broker is entitled to a commission no

Exclusive Right to Sell • The listing broker is entitled to a commission no matter who sells the property during the listing period. • This is the most common type of listing. South-Western Publishing© 2002

Exclusive agency • Similar to the exclusive right to sell except the owner may

Exclusive agency • Similar to the exclusive right to sell except the owner may sell the property himself during the listing period and not owe a fee to the broker. • Broker may be less enthusiastic under this form of listing. South-Western Publishing© 2002

Open listing • There are no exclusive rights. • Whoever sells the property will

Open listing • There are no exclusive rights. • Whoever sells the property will earn the fee. • Brokers are reluctant to develop a sales effort. South-Western Publishing© 2002

Net listing • Owner states the price he wants for the property and agrees

Net listing • Owner states the price he wants for the property and agrees to pay the broker anything above this amount as commission. South-Western Publishing© 2002

Buyer Representation • Exclusive Authority to Purchase – an agreement where the broker works

Buyer Representation • Exclusive Authority to Purchase – an agreement where the broker works for the client, the buyer! • Primary responsibility is to the purchaser. • Principal is now the Buyer. • Buyer Agency! South-Western Publishing© 2002

MLS • A service among Realtor® members to offer compensation to other member brokers

MLS • A service among Realtor® members to offer compensation to other member brokers and increasing the market exposure for the listed property. South-Western Publishing© 2002

Broker Compensation • Commission earned when agreed between owner and broker. • Usually occurs

Broker Compensation • Commission earned when agreed between owner and broker. • Usually occurs when a “ready, willing and able buyer” is produced. • Procuring cause is the one whose efforts originated the procurement of the sale. South-Western Publishing© 2002

Key Terms • Advance fee listing • Broker • Exclusive authority to purchase •

Key Terms • Advance fee listing • Broker • Exclusive authority to purchase • Exclusive right to sell • Multiple listing service (MLS) • Net listing • Ready, willing, and able buyer • Real estate listing South-Western Publishing© 2002