Completing a Listing Agreement
What is a Listing Agreement?
It is a contract between you and
the brokerage company that the
agent represents.
It is a framework for subsequent
forms and negotiations.
It's important the agreement
accurately reflects your
property and clearly spells out
the rights and obligations of
all parties and what is included
and what is not included in the
deal.
What happens?
Both you and the listing agent
sign the listing agreement and
each receive a copy. The
agreement binds both parties to
its terms and conditions.
Whether or not you wish your
lawyer to review the agreement,
you should in any case let him
or her know that you're selling
your home.
The
Fine Print
Generally, in the agreement: you
appoint the brokerage company as
your agent and give its
representatives the authority to
find a purchaser; the duration
of the agreement is indicated;
and, the compensation is set out
(Generally, you pay this only
upon closing or when the house
changes hands).
The agreement also: sets out
the listing price; and,
describes the property you are
selling - lot size, building
size, building style and
materials, floor areas,
heating/cooling systems, room
sizes and descriptions.
Here you decide what you are
taking with you and what you are
leaving with the house.
Generally, unless stated
otherwise, fixtures remain with
the property, while chattels --
things which are movable --
aren't included in the sale. If
necessary, what stays and what
goes are listed under
"inclusions" or "exclusions."
And finally, the agreement
gives the financial details:
- mortgage balance;
- monthly payments;
- due dates for all
mortgages;
- annual property taxes;
and,
- any easements, rights of
way, liens or charges
against the property.
Types of Listings
Open Listing:
The authority to sell the
property is given to one or more
REALTORS. You also have the
right to sell the house
yourself, without having to pay
a fee for service, and without
dealing with the appointed
REALTOR (S).
Here is where SelTrading Realty
comes into play.
Exclusive Listing:
You appoint one firm to
act as your agent in the sale of
your house. This firm usually
has the sole, irrevocable and
exclusive right to sell your
house for a given period of
time.
MLS® Listing:
This is a type of
exclusive listing, allowing the
REALTOR to work with other
REALTORS through your local
board's MLS® system and give
your property maximum exposure.
This type of cooperative effort
may result in the listing agent
sharing the commission with the
selling agent.
Setting the Asking Price
Although you may have an idea of
how much your house is worth,
it's important to have your home
valued by a professional on its
own merits. Be careful not to
price yourself too high or too
low. If it's too high, there's
no sale; too low and you lose on
your investment.
Marketing Your Home
Open Houses
There are two types:
- An agent's open house,
where sales representatives
from the listing company
will be invited to view your
house. If you have signed an
MLS® agreement, other
REALTORS may also be
invited. Remember, each of
these REALTORS may have a
prospective buyer.
- A public open house,
where members of the public
are invited to walk through
your home and have a look.
It's an efficient way to
show your home to many
potential buyers at once.
The listing agent will act
as host, answering any
questions.
You and your listing agent
will pick the time and date for
an open house. In order to give
the agent access to your home,
you may wish to keep a key at
his or her office, or in a
lockbox. It's a good idea to:
- leave before the open
house begins and to return
after it ends; and,
- put away any valuables in
secure locations.
But you may wish to stay
behind. If you do stay, be sure
to:
- keep out of the way;
- don't make excuses -- this
only draws attention to the
house's faults;
- turn off any TVs or radios
to let the agent and the
buyer talk in peace;
- if you have a dog, put it
outside or otherwise
restrain it... pets
intimidate some people; and,
- politely direct to the
listing agent anyone wishing
to discuss with you terms or
price.
Needless to say, clean counts
with open houses. A general rule
is that clean, uncluttered and
well-lit spaces look larger and
more attractive. People will
naturally want to buy a house
that is clean and well cared
for.
Other Tools
Your agent also has other tools
at his or her disposal:
The "For Sale" sign on
your front lawn. This is how
most buyers find homes. Your
lawn sign is a "silent
salesperson," constantly
telling everyone that your
home is for sale.
Advertising your home in
the real estate section of
your local newspaper or in
your local real estate board
publication. Even though
your home may not be shown
in every issue, you can
count on your agent to
always suggest your property
to buyers who are looking
for a home like yours.
Renewing the Listing
Sometimes a home doesn't sell
right away. Avoid the urge to
pull your home off the market...
be persistent! Generally, there
are three reasons why a home may
not sell as fast as others:
- location
- condition
- price.
Naturally, you can't change
your home's location, but you
can fix the condition of your
home and you can, of course,
adjust your price. Throughout
the listing process, you need to
be constantly comparing your
asking price against those of
similar properties in your area.
It may be time to adjust the
price of your home.
Review your selling strategy
regularly with your listing
agent:
Is your house being shown
regularly?
Are you receiving the
feedback from prospective
buyers?
Are you in touch with the
marketplace?
Is your property competing
well? If not, what else can
you do?
The
Offer
The offer outlines:
- how much the buyer is
willing to pay;
- when the buyer would like
to take possession;
- any conditions attached to
the offer; and,
- when the offer expires.
As an act of good faith, the
buyer will make a deposit with
the offer. A good deposit will
often show the buyer's
sincerity.
Along with this, the buyer
may: attempt to "low ball" you,
and submit an offer much lower
than your asking price; or,
attach conditions to the offer.
You don't have to accept the
offer. You may wish to make a
counter offer that comes
part-way to meeting the offer's
conditions. The counter offer is
one more step along the way to
negotiating the final terms and
conditions of the sale.
The offer, once signed by
everyone, is a binding contract.
Make sure you understand and
agree to all of the terms in the
document. You may want to have
it reviewed by your lawyer
before signing.
Before
Closing
If
necessary, and if the buyer
makes it a condition of sale,
you may be asked to:
-
provide a current
survey, or a "real
property report,"
showing the location of
the house is on the
property owned by you
and that there are no
encroachments;
-
prove that you have
title to the property
(the buyer's lawyer will
check this out when he
or she conducts a title
search to see if there
are any liens on the
property, easements,
rights of way or height
restrictions); and,
-
provide a health
inspection certificate,
if there is a septic
system, stating the
system meets local
standards.
The buyer may also make the
purchase conditional on an
inspection by a qualified
engineer. You may be asked by
the buyer to cover this cost.
Closing the Sale
On
or before closing day, this is
what happens:
-
the lawyers
representing you and the
buyer will set up a
trust account for the
money coming from the
sale and will pay off
any mortgages you owe on
the property. After
these are paid, you will
receive any money you
have coming from the
sale;
-
you must deliver the
property deed or
transfer documents,
mortgage details and
keys to your lawyer.
Your lawyer will
register the mortgage
discharge and transfer
the deed at closing;
and,
-
your lawyer will
ensure that you receive
compensation for prepaid
expenses such as,
property taxes,
electrical or gas bills,
or if applicable, any
heating oil left in your
tank.
Some lenders will make it
possible for your mortgage to be
portable, so you can take your
mortgage with you when you move
to your new home.
Finally, two things to
remember:
-
the capital gain from
selling your home is tax
exempt. This means the
profits from selling
your home are not
taxable; and,
-
protect your
investment and the deal
by keeping your
insurance policies in
force up until the date
of closing.
Here, your responsibilities
under the listing agreement end.
You'll have paid your listing
agent the agreed-upon
compensation. This can be done
by your lawyer who can arrange
the payment from the proceeds of
the sale.
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