Real Estate

Exclusive Right to Sell Listing

An exclusive right to sell listing is a listing agreement where one broker has the exclusive right to sell the property and earns the commission regardless of who finds the buyer, including the seller.

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Exam Tip

Exclusive right to sell = agent gets commission NO MATTER WHO sells (even if seller finds buyer). Most common listing type. Must have expiration date.

What is an Exclusive Right to Sell Listing?

An exclusive right to sell listing is the most common and comprehensive type of listing agreement. It grants one broker the exclusive right to market and sell the property, with the commission guaranteed regardless of who actually finds the buyer.

Key Features

FeatureDescription
Exclusive RightOnly one broker represents seller
Guaranteed CommissionBroker paid no matter who finds buyer
Maximum MarketingAgent has incentive to invest in marketing
MLS RequiredProperty typically listed on MLS

Why Agents Prefer This Listing

ReasonBenefit
Protected CommissionNo risk of seller finding own buyer
Worth InvestmentJustifies spending on marketing
Clear TermsNo disputes over who found buyer
Full EffortAgent gives maximum effort

Comparison of Listing Types

Listing TypeCommission GuaranteeAgent Motivation
Open ListingNoneLow
Exclusive AgencyOnly if agent sellsMedium
Exclusive Right to SellAlwaysHigh

Required Elements

ElementDescription
Property DescriptionLegal description and address
Listing PriceAgreed asking price
Commission RatePercentage or flat fee
Expiration DateWhen agreement ends
Broker AuthorityMarketing permissions

Protection Clause

Most exclusive right to sell listings include a protection period (also called safety clause or extender clause):

FeaturePurpose
DurationTypically 30-180 days after expiration
ProtectionBroker gets commission if buyer they showed purchases
RequirementBroker must provide list of shown buyers

Commission Scenarios

ScenarioCommission Owed
Broker finds buyerFull commission
Seller finds buyerFull commission
Another agent finds buyerCommission split
No sale during termNo commission

Exam Alert

Exclusive right to sell = broker gets paid NO MATTER WHO finds the buyer, even the seller. This is the most common listing type and provides the most protection for brokers. Always contains an expiration date (required by law in most states).

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