Listing Agreement - Question? (clause, agent, commission, fee)

[itsme2]

I am considering listing my property with Coldwell Banker. In reviewing their listing agreement it looks straight forward enough and understandable. There is one area in the agreement called "Special Clauses", from a sellers standpoint what special clauses should I consider inserting?

Thank you.

[2bindenver]

A whole lot depends on the state the property is in. Is the contract state, Brokerage or Realtor Association prepared?

[itsme2]

As far as I can tell it is Brokerage prepared, it has "Copyright Coldwell Banker Residential Real Estate LLC" printed on the bottom of the last page.

I'm in Florida.

Thank you.

[michael krotchie]

If the listing agreement is like the one we use here in Arizona it should be pretty straightforward. Are there any particulars you discussed with the agent in regards to your property?

I suppose a clause about advertising could be used; e.g. Realtor agrees to run bi-weekly ads in local newspaper, have an online ad at www.thissite.com, etc..

[spaige]

Originally Posted by itsme2

I am considering listing my property with Coldwell Banker. In reviewing their listing agreement it looks straight forward enough and understandable. There is one area in the agreement called "Special Clauses", from a sellers standpoint what special clauses should I consider inserting?

Thank you.

You might have a stove that you don't want to gow th the home and might be willing to replce it with another one. This could be written in.
sue from maien

[Michelle Morris]

My hubby always jokes that we will write in that our cat comes with the house, no exceptions. LOL

[Brandon Hoffman]

An example of a special clause would be something like:

"Uncle Bob is thinking about buying the home. If Uncle Bob buys it I can withdraw the listing and not pay a commission."

There are others but that's just an example.

[walidm]

Consult a RE attorney, they should be able to let you know of recent protections sellers have seen fit to add to contracts, and are in the best position to draft the language you want written, to convey the proper intent.
Hope this helps

[kevcrawford]

I always write in "Either party may terminate agreement at any time with written notice" for my listing agreements. I'm comfortable enough with my abilities that I won't get fired. And if the seller decides they don't want to work with me, I don't want to work with them.

This also gives the agent the opportunity to back out if the seller is being difficult.

The agent is most likely protected from the seller pulling the listing in order to cut the agent out of a deal where a buyer has already shown interest with a "protection period". That should be in most contracts.

[billjohansen]

by a real estate company (ie. Coldwell Banker or C-21 ect) is not necessarily written in the sellers best interest. The standard state board listing agreement or contacts are usually pretty fair and balanced but any legal document you sign should be read by your attorney BEFORE you sign it. (not a attorney recommended by the Real Estate Company) A large Nationwide company printed their listing agreement with a 1 year term and a $500 additional fee pre-printed in the contract as if this were the norm for selling your home. (if you balked at the $500 the agent had to pay it personally or find another way to increase amount of the commission paid. Like reducing the commission paid to cooperating buyers agents.) It was just another way to get more money like the $150-200 "doc prep" fee that car dealers like to charge.

Rule #1 if you don't fully understand what you are signing. Don't sign it until you get it checked out.

I've been in the Real Estate business for 30+ years and sadly agents are not as straight forward lately.