The
listing agreement is a contract between the seller and the listing
broker. It sets out the conditions of the listing. While the details
of the agreement should be negotiated, a listing agreement generally
includes the following:
a) The length of the listing period -- as the seller you'd want to be able
to switch brokers if the sale does not happen as quickly as you like, while
the broker wants to have the listing period as long as possible, recognizing
that it often takes a fair amount of time and effort and expense to generate
other broker interest and a sale, and that if the time is too short s/he
loses the commission.
b) The desired sales price, as well as a price that might be accepted.
c) The amount of the commission -- while the commission rate is generally
claimed to be "standard" within a community, don't believe it,
and it is sometimes possible to negotiate different rates up front -- such
as 2% to the listing broker and 3% to the selling broker. However, if the
rates are too low, the listing broker may not want to do all that is necessary
to "push" your house, such as advertising it heavily, while the
selling broker may prefer to sell her prospects a home that carries a higher
commission than she'd get on your home.
d) any exceptions to the commission. For example, would there be a reduced
fee (or no fee at all) if you sell the house on your own, or you sell it
to a friend who expressed interest? Generally the broker will insist on
you naming any such persons in the listing agreement.
The seller should pay very careful attention
to the listing agreement, and probably should have it reviewed
by a lawyer. It is a critically important document to the seller.
Once a broker produces a willing and able buyer, assuming all
conditions are met, the seller owes the broker his or her full
commission. If for any reason the seller chooses not to sell
(perhaps s/he wants to hold out for more money, or a proposed
job transfer falls through), the commission must still be paid.