Yes, yes. MLS rules provide that the sale of publicly traded real estate, including sale prices, be immediately notified to MLS by stock exchange agents. As such, the residential real estate listing agreement contains an exclusive right to the sale (TAR-1101) of a communication in paragraph 6 (A) that goes beyond this requirement, so that the client is aware of his broker`s obligations. While Texas REALTORS® has made reasonable efforts to collect and prepare the materials contained here, due to the rapidly changing nature of the real estate market and the law, and our dependence on information from external sources, Texas REALTORS® does not provide any guarantee, guarantee or guarantee as to the accuracy or reliability of the information provided here. Any legal or other information found on this page or on other websites to which we link must be verified before you trust it. An owner who has just terminated her list with another real estate agent asked me to sell her property. The parties terminated their list with the termination agreement (TAR 1410) and the owner agreed to pay a fee to her former broker if she sells the property within the next two months to a designated party. Can I still receive a commission if it sells to that party within that time? You can complete the Addendum Named Exclusions to Listing (TAR 1402) and add it to your list agreement to clarify your rights and rights and obligations of the owner if the owner is sold to that party during the specified period. The seller does not want to argue with the broker over whether the seller foiled the real estate agent`s efforts to sell the property, because the seller arbitrarily refused a particular buyer or offer. In order to avoid such taxation, the listing agreement should expressly provide that the seller retains absolute control of the process of selecting a potential buyer, negotiates with that buyer and concludes or not (subject, of course, to state and federal anti-discrimination laws, etc.). Some list agreements contain a language that could be read to create an unspoken obligation for the seller to accept an offer if he fulfills the list price or if it is acting in an economically reasonable manner during the sales process. The seller should object to this type of language and state in the listing agreement that the seller is free to accept or refuse any buyer, terminate or pursue a contract, terminate or not enter into a contract and act otherwise with respect to the sale of the property to the extent that the seller wishes at his discretion.
Many listing agreements require the seller to provide written information about the property and some provide that the seller gives directions or insurance or guarantees regarding the condition of the property. Both of these provisions could cause problems for the seller. For example, the language that the seller makes available « all ownership documents » is too broad and could lead to possible liability of the seller if the seller does not accidentally divide the documents he did not disclose in his possession. Such a language could also be interpreted as allowing the seller to provide documents held by lawyers, engineers or seller management companies. And in the absence of an explicit characterization, the seller could be held liable if some of the documents, including those produced by third parties, contain false or false information. If the broker is not prepared to completely remove any obligation on the seller to provide documents, the seller should limit the requirement to the use of the seller`s « good faith efforts » to provide documents and provide that the seller`s obligation relates only to documents « in the seller`s possession. »