All About Listing agreement Contracts
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<p>• New listing? Use the new forms!</p><p>• Required compensation disclosures (compensation, if any, is fully negotiable and is not set by law)</p><p>• Must conspicuously disclose to sellers and obtain seller approval for any payment or offer or payment that the listing broker or seller will make to another broker, agent, or other representative acting for buyers</p><p>• Must be provided in writing, in advance of any payment or agreement to pay another broker acting for buyers, and specify the amount or rate of any such payment</p><p>• How you set up the listing agreement is what will determine which compensation agreement you will use (if applicable)</p><p>• Includes the opportunity to offer or consider seller-to-buyer incentives (concessions)</p><p>• Sets forth various options for how (and whether) to compensate the listing broker and/or the buyer broker</p><p><br></p><p>HIGHLIGHTS OF NEW FORMS – COMPENSATION DISCLOSURE STATEMENTS</p><p>• Compensation disclosures are required by the new MLS Rules and practice changes as a result of the NAR settlement agreement (compensation, if any, is fully negotiable and is not set by law)</p><p>• You’ve got 2 templates to pick from – NAR, Florida REALTORS®, </p><p>• Send these standalone compensation disclosures to customers with whom you’ve already signed listing or buyer broker agreements (prior to 8/17/24, or if you’ve used forms that don’t have the disclosures)</p><p><br></p><p><br></p><p>WHY ARE THERE SO MANY DIFFERENT OPTIONS FOR FORMS WHEN WORKING WITH BUYERS?! BECAUSE BUYER-BROKER RELATIONSHIPS ARE NOT ONE-SIZE-FITS-ALL.</p><p>The new MLS Rules and practice changes DO require (in part) that if you are ”working with” a buyer, which includes showing a home, you need to have a written agreement with that buyer customer The new MLS Rules and practice changes DO NOT dictate which form you must use. That’s a unilateral and independent business decision.</p><p><br></p><p><br></p><p>HIGHLIGHTS OF NEW FORM – SHOWING AGREEMENT</p><p>• New buyer customer? Use updated forms!</p><p>• Showing Agreement is one form of a written buyer broker agreement</p><p>• Can list specific properties (if desired)</p><p>• Adds arbitration option for dispute resolution</p><p>• Includes compensation disclosures and other provisions required by the NAR settlement agreement</p><p>• Includes various options for compensation to the buyer broker (if any)</p><p>• No protection period</p><p>• Includes a provision that any compensation received by buyer broker from owner or owner’s broker for services rendered will reduce any amount owed by the buyer (if any)</p><p><br></p><p><br></p><p>HIGHLIGHTS OF NEW FORMS – EXCLUSIVE BUYER BROKER AGREEMENTS</p><p>• New buyer customer? Use updated forms!</p><p>• EBBAs are one form of a written buyer broker agreement (more robust than the SA-4)</p><p>• Can list specific properties (if desired) or general type of property/location buyer seeks</p><p>• Adds arbitration option for dispute resolution</p><p>• Compensation disclosures and other provisions required by the NAR settlement agreement</p><p>• Includes various options for compensation to the buyer broker (if any)</p><p>• Includes provisions for a protection period and/or conditional termination (if any)</p><p>• Includes a provision that any compensation received by buyer broker from owner or owner’s broker for services rendered will reduce any amount owed by the buyer (if any)</p><p><br></p><p><br></p>