Shared Flashcard Set

Details

WA RE Fundamentals
Listing Agreements
13
Real Estate & Planning
Not Applicable
05/19/2010

Additional Real Estate & Planning Flashcards

 


 

Cards

Term
Listing Agreement
Definition
Contract entered into when a seller hires a real estate broker to help sell a piece of property
Term
Brokerage Fee
Definition
AKA Commission
Term
3 Basic Types of Listing Agreements:
Definition

- Open Listing

- Exclusive Right to Sell Listing

- Exclusive Agency Listing

Term
Exclusive Agency Listing
Definition
Owner agrees to list with only one broker and owes that broker a commission if home sells, unless the owner sells the property themselves
Term
Exclusive Right to Sell Listing
Definition
Owner can list with only one borker and owes that broker a commission no matter who sells the property
Term
Open Agency Listing
Definition
Owner pays a broker commission to the broker who is the procuring cause of the sale
Term
Under WA State Law, to be enforceable, every listing agreement must (4):
Definition

- Identify the property to be sold (or leased)

 

- Include a promise to compensate the broker

 

- Specifiy a specific compensation for the broker

 

- Be in writing and signed by the seller

 

 

(A complete legal description, although preferable, is not absolutely req'd by WA law, as long as listing clearly identifies property in question)

Term
Net Listing
Definition

A listing in which the commission is any amount received from the sale over and above the "net" required by the seller. 

 

Illegal and not enforceable in WA State.

Term
All Listing Agreements should at least contain (7):
Definition

- Description

- Authorization of broker as agent

- Promise to pay broker & the amount

- Conditions under which commission will be payable

- Terms of sale the seller will accept

- Duration of listing agreement (vs. reasonable time)

- Seller's warranties of accuracy of info given to broker and in the listing agreement

Term
Extender Clause
Definition

AKA "safety" or "carryover" clause.

 

A provision that obligates the seller to pay a commission if the property sells within a certain period after the listing expires to someone the broker procured during the listing period.

Term
Receipt of Copy
Definition
Licensees are required to give a copy of any document they prepare to the parties at the time of signature
Term
Receipt of Agency Pamphlet
Definition

WA State law requires agents to give the pamphlet to other parties when entering into a listing agreement.

 

Many listing agreements include a provision in which the seller must acknowledge receipt of this pamphlet.

Term
Procuring Cause
Definition
The person who directly or indirectly brings about a sale
Supporting users have an ad free experience!