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Flat Fee Listing Agreements



A


ll real estate listing          Many local Realtor associations   
agreements must be in           or multiple listing services      
writing. This is true for      promulgate a standard listing     
traditional brokers as well as        agreement. There are typically   
flat fee listing companies. No       only a few blanks and a couple of 
property may be listed on the MLS     blank lines in which to modify    
without a valid listing               the agreement. This ends up       
agreement; the listing agreement      causing most listing agreements   
is essentially an authorization       to be similar, even though        
in writing from the seller which      different agents do business in   
is then signed by the broker.         different ways. Some agents may  
Listing agreements of any type        promise open houses every         
should spell out the duties and       weekend, glossy magazine          
responsibilities of each party.       advertising, meeting prospects at 
Unfortunately some traditional,       the property and other things     
full service listing agreements       that end up not getting done or   
do spell out what the owner must      being handed to an unqualified    
do such as provide access to the      assistant. Realizing that some   
property and pay a commission,        of their competitors are          
but do not spell out exactly what     promising things and not          
the broker must provide such as       delivering, some savvy agents     
weekly advertising in a               have drawn up addendums that      
particular newspaper, a certain       spell out their service more      
type of sign, or an enhanced          precisely. If more agents did    
listing on Realtor.com. Many         this, sellers would know upfront  
listing agreements tend to be         what to expect rather than being  
vague, such as stating that they      disappointed in the future. Flat 
real estate agent will market the     fee listing brokers tend to have  
property without saying what          a much more customized listing    
exactly that means.                   agreement that spells out in much 



greater detail what exactly is        so do not take your commitment to 
being provided by the broker.         pay the commission lightly.       
The listing agreement should          There may be penalties or other   
ideally list exactly what ala         issues if you do not honor this   
carte services are opted for.         commitment. The disclosures      
Often an MLS listing will be          section will require you to       
included in a basic program, but      disclose what you know about the  
there might be additional             property, ranging from known      
services like extra photos or         defects, to the presence of       
phone forwarding available as         lead-based paint, to the location 
optional upgrades.

                of earthquake fault zones (and    

While the entire agreement is      everything in between). When in  
important and it is advisable to      doubt, always disclose, disclose, 
ask any legal questions to your       disclose.

                     
attorney, just a few of the                                             
things to focus on in you review      
This is critical since you are        align="center">                   
typically obligated to pay a fee                                        
to a buyer’s broker in the event       that they bring a buyer to your       type="text/javascript">              
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About the Author:

Congress Realty's Donald Plunkett is a licensed flat fee listing broker. His company is the industry leader in volume and serves 11 states. Visit www.congressrealty.com for details or listing information.

Article Tags: agreement, listing, property



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