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Listing contract : ウィキペディア英語版
Listing contract

A listing contract is a contract between a real estate broker (or their agent representatives, acting in the broker's name) and a seller or sellers of real property to give the broker the right to offer the property for sale.
The contract is often referred to as a listing agreement and, if the broker is a member of the National Association of Realtors, it must include all of the following terms:
#A beginning date and a termination date.
#The ''list price'' at which the property will be offered for sale.
#The amount of compensation offered to the broker, whether it is in the form of a flat fee or percentage of the sales price.
#The terms and conditions under which the brokerage fee shall be paid by the seller.
#Authorizes the broker to co-operate with other brokers as sub-agents or buyer's agents and details the compensation to be offered to those brokers in the event they procure a buyer.
#Authorizes the broker to reveal or not to reveal the existence of offers previously received.
In addition, other terms which may appear in the agreement can include:
*Authorization to the broker to post a sign, to advertise the property, and to put a lockbox on the door, as well seller's obligations to advise the broker on the condition of the property, and broker's obligations to advise the seller about regulations and laws which may affect the sale.
Typically, separate listing agreements exist for the sale of residential property, for land, and for commercial or business property.
Upon listing the property, the real estate agency tries to obtain a buyer for the property and, in consideration of successfully finding a satisfactory buyer, the broker anticipates receiving a commission (fee) for the services the brokerage provided.
==Payment of a commission or fee==
Although the terms of the contract could vary, usually the payment of a commission (or fee) to the brokerage is contingent upon:
*the successful negotiation of a purchase contract between a satisfactory buyer and seller and the subsequent ability and willingness of the buyer to close the deal, or
*finding a satisfactory buyer who is ready, willing, and able to pay the full listing price (or more) for the real estate for sale without any contingencies.
If the seller refuses to sell the real estate when one of the above two conditions applies, it is typically considered that the real estate agent has done their job of finding a satisfactory buyer and the seller must still pay the commission, although the details are determined by the listing contract. Unless closing (or "settlement" or "close of escrow", as it is known in some parts of the country) is a condition of the listing agreement, the buyer's failure to complete the transaction may not require the seller to pay a commission to the broker.
The commission is usually a percentage of the sales price of the property ranging from 2 or 3% up to about 10%, but usually in the range of about 3 - 7% for houses. The commission could also be a flat fee or some combination of flat fee and percentage, particularly in the case of lower-priced properties, vacant lots, or other unusual real estate.
The commission is paid by the seller to the listing real estate broker, who will then compensate their listing agent and any co-operating brokers/agents from this commission by separate agreements with them.

抄文引用元・出典: フリー百科事典『 ウィキペディア(Wikipedia)
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