Real Estate

Net Listing

A net listing is an employment contract where the broker keeps any amount received above the seller's minimum acceptable price, which is often illegal or discouraged due to inherent conflicts of interest.

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Exam Tip

Net listing = broker keeps everything above seller's net price. ILLEGAL or DISCOURAGED in most states due to CONFLICT OF INTEREST.

What is a Net Listing?

A net listing is a type of listing agreement where the seller specifies a minimum "net" amount they want to receive from the sale, and the broker keeps everything above that amount as commission. This creates a significant conflict of interest because the broker is incentivized to sell at the highest possible price—not for the seller's benefit, but for their own.

How Net Listings Work

ComponentDescription
Seller's NetMinimum amount seller wants to receive
Sale PriceActual price property sells for
Broker's CommissionSale Price - Seller's Net

Example

ScenarioAmount
Seller's Net Price$300,000
Property Sells For$350,000
Broker Keeps$50,000

Legal Status by State

StatusDescription
IllegalBanned in many states (e.g., most states prohibit)
Legal but DiscouragedAllowed but not recommended
Requires DisclosureMust disclose market value to seller

Problems with Net Listings

IssueExplanation
Conflict of InterestBroker benefits from higher price, not seller
Potential for FraudBroker may hide true market value
Unfair to SellerSeller may receive less than market value
Fiduciary Duty ViolationAgent's duty is to client, not self

Net Listing vs. Other Listing Types

Listing TypeCommissionExclusivity
Net ListingAmount above net priceVaries
Exclusive Right to SellFixed percentageExclusive
Exclusive AgencyFixed percentageExclusive (owner exempt)
Open ListingFixed percentageNon-exclusive

Why Net Listings Are Problematic

  1. Undisclosed Profits - Broker may not reveal property's true value
  2. Breach of Fiduciary Duty - Agent prioritizes own interests
  3. Vulnerable Sellers - Often targets uninformed property owners
  4. Price Manipulation - Broker may manipulate pricing information

Exam Alert

Net listings are ILLEGAL or STRONGLY DISCOURAGED in most states. The key issue is CONFLICT OF INTEREST—the broker profits from the spread between net price and sale price. Always recommend exclusive right to sell or exclusive agency listings instead.

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