Listing Agreements: Main Features and Parties

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40 Questions

What type of service agreement is granted to a single broker and requires a written contract with an expiration date?

Exclusive right-to-sell

In a net listing agreement, what happens with the sale proceeds?

All proceeds above a minimum price go to the broker

What must be included in a limited services agreement?

Licensee acting as a limited service representative and providing services as listed

Which party negotiates compensation in real estate transactions?

Agent and seller

What are some causes for termination of agreements in real estate transactions?

Performance, Incapacitation, Destruction of property

In an open listing agreement, who receives the commission?

Procuring cause

What do buyer agency agreements create between the buyer and representative?

Fiduciary relationship

What power do clients hold in terms of revoking listings?

'Revocation during period' power

In the context of agent performance, what tasks are agents allowed to delegate?

'Authorized' tasks and duties to salespeople and brokers

Which type of listing is discouraged and may even be illegal due to its structure?

Net listing

What is a main feature of listing agreements?

Establishing a fiduciary relationship

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

Subagent

What are the responsibilities of a salesperson in the broker-agent relationship?

Fiduciary of the client

In which type of agreement is the broker prohibited from contracting for the client without explicit authorization?

Limited agency agreement

Which party in a transaction is a non-fiduciary principal?

Customer

What kind of listings must be written to be enforced in some states?

Exclusive listings

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

Customer

What kind of contract is an oral listing?

Valid and enforceable

What is the employment status of a salesperson in the broker-agent relationship?

Client's subagent

How are commissions paid to agents typically structured?

As per schedule after splits with cooperating brokers

What are the main features of listing agreements?

Imposes fiduciary duties on the agent

What type of relationship does a listing broker have with either buyer or seller clients?

Fiduciary

What are the obligations of a client in a fiduciary relationship?

Transparency and accountability

What is the status of a salesperson in the broker-agent relationship?

Subagent of the client

What type of contract is an oral listing according to the text?

Invalid and unenforceable

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

Contracting for the client

What does a subagent do in the context of a real estate transaction?

Acts as a fiduciary for either buyer or seller clients

What type of duties does a customer have in a transaction?

Care and honesty

What are the scope of authority for the agent according to the text?

Limited by explicit authorization

What do clients become responsible for?

Only actions within their scope of authority

What type of service agreement is granted to a single broker and requires a written contract with an expiration date?

Exclusive right-to-sell

In a net listing, what happens with the sale proceeds?

All proceeds above a minimum price go to the broker

Which type of listing is discouraged and may even be illegal due to its structure?

Net listing

What power do clients hold in terms of revoking listings?

Revocation may incur liability for commission or damages

In which type of agreement is the broker prohibited from contracting for the client without explicit authorization?

Limited services agreement

What must be included in a limited services agreement?

Statement that licensee is acting as a limited service representative

What is the primary responsibility of an agent when it comes to verifying data?

Verifying owner and property data

Which party negotiates compensation in real estate transactions?

Listing agent

In which type of service agreement is the broker granted exclusive rights but the owner can also sell without commission obligation?

Exclusive agency

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

Buyer agency agreement

Learn about the main features of listing agreements, which are legally binding agreements between brokers and clients. Explore the different parties involved, their roles and responsibilities, and the unique agency relationships established. Understand the fiduciary duties imposed on agents and the scope of authority specified in these agreements.

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