Listing Agreements: Main Features and Parties

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52 Questions

What type of service agreement may involve granting a single broker the exclusive right to sell a property?

Exclusive right-to-sell

In a net listing, who receives all sale proceeds above the minimum price?

Broker

What type of agreement creates a fiduciary relationship between a buyer and their representative?

Buyer agency agreement

Who can agents delegate their duties to according to the text provided?

Other agents or brokers

What might incur liability for commission or damages when revoking a listing?

Revocation during the period

Which type of agreement must contain an expiration date and other valid listing requirements?

Buyer agency agreement

What is discouraged and may even be illegal in real estate transactions?

Net listings

Who is owed commission in case of a dispute among agents based on procuring cause?

'Procuring cause' agent

'Limited services agreements' in real estate require licensees to disclose that they are acting as what type of representative?

'Limited service' representative

What are the main features of a listing agreement?

Defines the responsibilities of the broker and client

Who acts as a fiduciary for the listing broker's client?

Subagent

What are the fiduciary duties imposed on the agent towards the client?

Fidelity, obedience, transparency, prudence, diligence, and accountability

What is the type of agency agreement where the broker is prohibited from contracting for the client without explicit authorization?

Limited agency agreement

In which type of contract are oral listings considered valid and enforceable?

Unilateral contract

What is the salesperson's role in relation to the broker?

Subagent of the client

Which party is responsible for actions performed by brokers within their scope of authority?

Customer

What are the fiduciary duties imposed on the agent towards the client?

Fidelity, care, disclosure, accountability

In a limited agency agreement, what is the broker prohibited from doing without explicit authorization?

Contracting for the client

What defines the responsibilities of each party involved in a listing agreement?

The fiduciary duties

What is the primary distinction between a client and a customer in a real estate transaction?

Fiduciary relationship with the agent

In what capacity does a salesperson act in relation to the broker?

Subagent and fiduciary

What type of contract must be written to be enforceable in some states for listings?

'Exclusive' listing contracts

What type of service contract is not assignable according to the text provided?

'Exclusive' listing agreements

Which party in a real estate transaction is considered a non-fiduciary principal?

'Customer'

What is the basis for agent compensation in real estate transactions?

'Commissions' as per schedule after splits with cooperating brokers

What type of agreement defines a legal relationship where a salesperson acts as an agent and fiduciary for the broker?

'Limited' agency agreement

What type of service agreement is discouraged and may even be illegal in real estate transactions?

Net listing

Which type of agency agreement involves granting a single broker the exclusive right to sell a property?

Exclusive right-to-sell

When revoking a listing, what might incur liability for commission or damages?

Renting the property before revocation

In real estate, which party negotiates compensation with the principal?

Agent

What type of listing allows the procuring cause to receive a commission, but not if the client secures a customer?

Open listing

Which type of agreement requires licensees to disclose that they are acting as a limited service representative?

Limited services agreement

What type of agreement creates a fiduciary relationship between a buyer and their representative?

Buyer agency agreement

What happens in exclusive agency agreements in real estate?

Broker receives commission if property is sold during the period

What is the role of salespeople and other brokers according to the text provided?

To perform only tasks authorized by the agent and verify owner and property data

How is compensation handled in case of a dispute among agents based on procuring cause?

It is owed to the agent with the procuring cause based on results obtained from finding a customer

What does a listing agreement establish between the broker and client?

Unique agency relationship

Who acts as a fiduciary for the listing broker's client?

Subagent

What are the fiduciary duties imposed on the agent towards the client in real estate transactions?

Transparency, prudence, diligence

In real estate, what type of contract must be written to be enforced in some states?

Exclusive contract

Who is responsible for actions performed by brokers within their scope of authority?

Seller

What is the legal relationship between a salesperson and a broker in real estate transactions?

Subagent and fiduciary

What type of agent is a salesperson in relation to the client?

'Subagent of the client'

What is the primary basis for agent compensation in real estate transactions?

'Commission split'

What type of contract prohibits brokers from contracting for the client without explicit authorization?

'Limited agency agreement'

What role does a subagent play in a real estate transaction?

Acts as an agent for the listing broker

What is the primary purpose of an exclusive right-to-sell service agreement in real estate?

To ensure a single broker receives a commission upon the sale of the property

In a net listing agreement, who receives the sale proceeds above the minimum price?

The broker handling the sale

Which type of service agreement in real estate is discouraged and may even be illegal?

Net listing agreement

What type of contract must contain an expiration date and be in writing to be enforceable for listings in some states?

Exclusive right-to-sell agreement

What is the essential characteristic of an open listing service agreement in real estate?

It allows multiple brokers to compete to sell the property

What is the distinguishing feature of a limited services agreement in real estate transactions?

It discloses that licensees are acting as limited service representatives

Learn about the main features and parties involved in listing agreements, including the legally binding nature of the agreement, unique agency relationships, responsibilities, fiduciary duties, and the scope of authority for agents.

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