I’d like to think that most home sellers read through their listing agreement before signing it.
But whether it’s listing agreements, loan papers or even a buyer’s contract, many consumers seem not to be taking the time to go through the documents and understand what they’re signing.
A listing agreement usually isn’t that long, about four pages. If you don’t like the way something reads, the time to speak up is before you sign. Once you sign, the broker has no incentive to negotiate. If you sign a blank listing agreement without reading it, you’re opening up a huge can of worms.
In any agreement, you’ll want to retain the right to:
Some agreements require you to keep your home on the market for the duration of the contract. If you sign a 365-day contract and decide on day 35 to pull your home off the market, you’ll have to wait 365 days. Because circumstances can change, you’ll want the right to yank your house off the market when you want.
When you hire a real-estate agent, it’s like getting into a marriage: Sometimes it works, and sometimes it doesn’t. If it doesn’t, you want the right to switch from your broker to another one and not pay a double commission.
When I took real-estate license classes, I learned that I earned my commission if I took a "ready, willing and able" buyer to the table. So if you list your home for $300,000 and I take someone to the table with a $300,000 offer, I’ve technically earned my commission. As a seller, you want to make sure you don’t pay that commission until the deal closes. Make sure the agreement states that the commission will be paid only out of the closing proceeds.
Even if things are good between you and your agent, you’ll want the right to terminate the agreement on your timetable, not the agent’s. The best way to terminate is with a written notice, so be sure the agreement includes a fax number, address, or an e-mail address where you can send your termination letter.