Why is the Listing Agreement Important When Selling Your Home?

by: Maria Hass, Chandler and Gilbert Realtor

A seller in her senior years approached me wanting to relist her house with me. She is not happy with her current Realtor from Keller Williams. She showed me the listing agreement, and to my surprise, the listing agreement expired more than a month and a half ago, but the Realtor didn’t inform the seller and continued to conduct open houses at the seller’s house even though they were no longer authorized  to market the house.

I talked to the listing agent and she said they had a verbal authorization to continue listing the house past the listing’s expiration date.

Whether or not this is true, EVERY agent should know that a verbal agreement does NOT change any terms of the written agreement. Everything has to be in writing.

In addition, the listing still shows “Active” in the MLS indicating that the listing end date entered by the Realtor in the MLS was not the same date that was agreed upon in the listing agreement.  Otherwise, the listing status would show “Expired” a month and a half ago.

The Seller has the option to pursue a code of ethics violation with the Arizona Department of Real Estate, an MLS violation for dishonest conduct and incorrect entry and an appropriate fine could be sanctioned against the Realtor.

What is the moral of the story?

1. Read the listing agreement before signing — Ask the Realtor to send you a blank copy of the listing agreement a few days before you meet so you have time to read the terms and conditions and ask any questions before signing.

2. Know your listing period by heart and mark it on your calendar.

3. Ask for copies of ALL the documents you signed showing your signature, not just a blank copy. This way you have a copy of the executed agreement.

4. Know your right to cancellation. The Arizona Association of Realtors (AAR) listing agreement, which is the standard form used by Realtors for resale homes, gives the Realtor a “unilateral right” to cancel. But it doesn’t give the Seller an automatic right to cancel. So, every Realtor has different terms when dealing with seller cancellations. Some Realtors charge a $500 upto $3,000 marketing fee to release the seller from the listing early. Other Realtors don’t charge anything to cancel.

Find out the Realtor’s cancellation policy before you sign.

5. The listing period varies by Realtor. It can be anywhere from two months to a year. The longer the listing, the longer it takes to get out of it if you are unhappy with your Realtor. A six-month listing period in Arizona is standard.

Protect yourself by taking time to read the listing agreement. Once you sign the agreement, you are bound to follow the terms of the contract.