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Types of Listing Agreements

Before you list your home, you should know exactly what you're agreeing to.

Not every listing agreement works the same way. The type of agreement can affect your relationship with the real estate firm, how your property is marketed, when the firm earns compensation, and what happens if you sell the property yourself.

My goal is simple: make sure you understand what you're signing before you sign it.

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For residential transactions, Wisconsin's state-approved WB-1 Residential Listing Contract is an Exclusive Right to Sell listing contract. Wisconsin rules also permit an approved Exclusive Right to Sell listing contract to be modified to create an Exclusive Agency, Open Listing, or One-Party Listing.

Below is a plain-English explanation of how each type works and why the differences can matter to you as a seller.

To view the official WB-1, CLICK HERE.

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Exclusive Right To Sell

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You work exclusively with one real estate firm to list and market your property.

The key difference: The listing firm's right to compensation does not depend on who finds the buyer. The firm may earn compensation even if you find the buyer yourself, subject to the terms of the listing contract.

Example

You list with Brokerage A, but a buyer hears about your home from a friend and contacts you directly.

Even though the firm didn't find the buyer, it may still earn compensation under the listing contract.

Why It Matters

You are giving one firm the exclusive right to sell your property for the term of the agreement.

Wisconsin's WB-1 Residential Listing Contract is an Exclusive Right to Sell listing contract.

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Exclusive Agency

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You still have an exclusive listing relationship with one real estate firm, but there's an important difference:

You retain the right to sell the property yourself without owing the listing firm compensation, subject to the terms of the agreement.

Example

You list your home with Brokerage A.

If a buyer is secured under the terms of the listing agreement, the firm may earn compensation.

But if you sell the property yourself, you may not owe the listing firm compensation for that sale, subject to the terms of the agreement.

Why It Matters

If you already have potential buyers or want to retain the ability to sell the property yourself, this distinction can be especially important.

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One-Party Listing

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A One-Party Listing is limited to a specific prospective buyer or buyers identified in the listing contract.

The listing firm's right to compensation applies when the property is sold to the specific party or parties identified in the agreement.

Example

You aren't planning to generally market your home for sale, but a particular buyer may be interested.

A listing agreement can be created covering that specific prospective buyer.

Why It Matters

This may be useful when you're willing to sell to a particular buyer without entering into a general listing arrangement for the property.

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Open Listing

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An Open Listing does not give one real estate firm an exclusive listing relationship.

You may enter into Open Listing agreements with multiple firms. The first firm to secure a buyer under the terms of its listing agreement earns the compensation provided for in that agreement.

Example

You have Open Listings with Brokerage A and Brokerage B.

Brokerage B secures the buyer under the terms of its listing agreement.

Brokerage B would earn the compensation provided for in its agreement.

Why It Matters

An Open Listing gives you a different relationship with the firms involved than an exclusive listing arrangement and may affect how the property is marketed and the services provided.

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Which Listing Agreement Is
Right For You?

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There isn't one answer for every seller.

Before signing, make sure you understand:

  • What type of listing agreement am I signing?

  • When does the firm earn compensation?

  • What happens if I sell the property myself?

  • How long does the agreement last?

  • What services will the firm provide?

  • How will my property be marketed?

  • Could compensation be owed after the listing ends?

You should understand the answers before you sign.

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Understand What You're Signing

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Selling your home is a major financial transaction. Your listing agreement shouldn't just be another document placed in front of you for a signature.

You should understand what you're agreeing to, what the real estate firm is agreeing to do for you, and how the firm will be compensated.

My job isn't just to get your signature on a listing agreement. It's to help you understand it before you sign it.

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Listing Agreement Disclaimer: This information is provided for general educational and informational purposes only and is not legal advice. Listing agreements, compensation, brokerage services, and the rights and obligations of sellers and real estate firms depend on the specific terms of the agreement and the circumstances of the transaction. Available listing arrangements and brokerage services may also vary by real estate firm. Sellers should carefully review and understand any listing agreement before signing and consult an attorney regarding legal questions or advice. The availability of a particular listing arrangement may depend on the policies of the real estate firm providing the brokerage services.