Real Estate · State Contract Requirements

When a listing agreement EXPIRES without a sale, what typically happens?

Correct answer

The listing agreement terminates per its terms; the seller is free to enter a new agreement with the same or different broker; PROTECTION PERIOD/PROCURING CAUSE clauses may still require the seller to pay commission if they sell to a buyer who was identified during the listing period

  1. A The brokerage automatically retains the listing forever
  2. B The listing agreement terminates per its terms; the seller is free to enter a new agreement with the same or different broker; PROTECTION PERIOD/PROCURING CAUSE clauses may still require the seller to pay commission if they sell to a buyer who was identified during the listing period
  3. C Property cannot be sold for one year
  4. D Seller automatically owes the broker commission

Why this is the answer

LISTING AGREEMENT EXPIRATION: when a listing agreement reaches its end date without a successful sale, the listing terminates. KEY ISSUES: (1) AUTOMATIC TERMINATION — listing ends per its terms (specific date); seller is free to: (a) re-list with same broker (extension), (b) list with different broker, (c) try to sell themselves (FSBO); (2) PROTECTION PERIOD (CARRYOVER, SAFETY CLAUSE) — many listing agreements include a clause specifying that if the property sells within a certain period after expiration (typically 30-180 days) TO A BUYER WHO WAS IDENTIFIED during the listing period (registered with the broker), the original broker is still entitled to commission; this protects broker from sellers who terminate before officially accepting offers from buyers the broker found; (3) PROCURING CAUSE — common-law principle that the broker who PROCURED the buyer (set the chain of events leading to the sale) is entitled to commission, even after listing expiration in some cases; subject to interpretation; sometimes disputes between brokers about which is the procuring cause; (4) BUYER REGISTRATION — at listing termination, broker typically gives seller a list of buyers shown the property or who made offers; these are 'protected' buyers under the safety clause for the specified period. LISTING TERMINATION OTHER THAN EXPIRATION: (1) MUTUAL AGREEMENT — both parties agree to end early; (2) BROKER BREACH — if broker fails to perform substantially (e.g., never markets the property), seller may have grounds to terminate; (3) SELLER BREACH — if seller misrepresents property, refuses access for showings, makes listing impossible, broker may terminate with claim for damages; (4) DEATH of seller — terminates a personal services contract (listings are personal services contracts); estate may need to re-list; (5) DESTRUCTION OF PROPERTY — terminates listing; (6) BANKRUPTCY of seller — may complicate but doesn't always terminate. LISTING TYPES: (1) OPEN LISTING — non-exclusive; commission only if listing broker procures the buyer; (2) EXCLUSIVE AGENCY — exclusive to one broker but seller can sell themselves without commission; (3) EXCLUSIVE RIGHT-TO-SELL — exclusive to one broker; commission owed regardless of who finds the buyer (including the seller); most common; gives broker most protection and most motivation. WRITTEN AGREEMENTS: nearly all states require listings to be written; oral listings may be unenforceable. STATE-SPECIFIC: state portion exam may test required listing content, listing types permitted, length limitations, protection period defaults, and termination procedures.
Source: Real Estate State Portion, Listing Expiration

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