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Buying & Selling

Listing Agreement

Definition and meaning of Listing Agreement in real estate.

A listing agreement is a legally binding contract between a property owner and a licensed real estate broker that authorizes the broker to act as the seller's agent to market and sell the property.

In more detail

This contract outlines the terms under which the broker will represent the seller, including the listing price, commission rate, and contract duration. It also specifies the duties of each party and the type of listing, such as an exclusive right-to-sell or an open listing. Understanding this agreement is essential for sellers because it commits them to pay a commission under specific terms if a ready, willing, and able buyer is found. In many states, these agreements must be in writing to be legally enforceable.

Key facts

CategoryBuying & Selling
Parties involvedProperty owner and real estate broker
Typical durationThree to six months
Required byMost real estate brokerages before marketing a home
Example

A home seller signs an exclusive right-to-sell agreement with a broker, agreeing to a typical commission rate of five to six percent if the property sells within a standard ninety-day term.

Frequently asked questions

Can a seller cancel a listing agreement early?

Yes, but the seller may be responsible for reimbursing the broker for marketing expenses or paying a fee, depending on the terms of the cancellation clause.

What is the difference between an exclusive right-to-sell and an exclusive agency agreement?

An exclusive right-to-sell guarantees the broker a commission regardless of who finds the buyer, while an exclusive agency agreement allows the seller to avoid paying a commission if the seller finds the buyer independently.

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