Real Estate · State License Law and Commission

What is a 'net listing' and why is it problematic?

Correct answer

A listing agreement where the broker keeps everything above a specified net amount as their commission — the broker has an incentive to sell for the highest possible price, but the structure creates conflicts of interest and is illegal in some states

  1. A A listing that guarantees a minimum sale price
  2. B A listing where the broker networks with other agents to find buyers
  3. C A listing on the internet
  4. D A listing agreement where the broker keeps everything above a specified net amount as their commission — the broker has an incentive to sell for the highest possible price, but the structure creates conflicts of interest and is illegal in some states

Why this is the answer

Net listing: The seller specifies a minimum 'net' they want from the sale; the broker keeps everything above that net as commission. Example: seller wants $400,000 net; broker sells for $450,000; broker keeps $50,000 commission.

Problems: Conflict of interest — the broker is incentivized to negotiate the highest possible price (helps themselves) but may also be tempted to not disclose a higher offer they could have gotten; the seller may not understand the full implication; potential for fraud if the broker inflates the sale price artificially in collusion with buyers.

Status: Net listings are ILLEGAL in several states (California, Colorado, Georgia, others); legal but disfavoured in others; considered unethical by NAR regardless of legality. In states where legal, strict disclosure requirements apply.

Source: Real Estate State Exam, Net Listing

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