But ask your attorney whether you have any legal courseof action against
the seller under your listing contract.
In as much as I appreciate your candid opinion, and that technically, you're correct in your assertion that the attending sales rep does indeed represent the subject
seller under the listing contract, I feel that an open house can serve another critical purpose.
These types of agents owe a fiduciary responsibility to
the seller under a listing agreement and must protect that interest.
Not exact matches
Business
listing sites such as BizBuySell.com have a checkbox
under more search options that will allow you to filter your business search to only show business where
seller financing is offered.
Sellers may supply non-Quarantine and Pre-Shipment methyl bromide to a person who has a current critical use exemption approved by the Parties to the Montreal Protocol (an exempt person) only if the
seller is
listed as the nominated supplier for that exemption holder on the current non-Quarantine and Pre-Shipment Exemption
List (and, if also required, the non-Quarantine and Pre-Shipment Intermediate Supplier
List - see below)
under the Regulations.
But the reality is that pricing is more often than not dictated by a broader market filled with thousands of eBooks
under $ 10, many of them on best
seller lists.
Oprah's first cookbook and the first book
under her new imprint with Flatiron, Food, Health and Happiness: 115 On - Point Recipes for Great Meals and a Better Life (Macmillan / Flatiron; OverDrive Sample) debuts on the new USA Today best
seller list at # 4.
Filed
Under: Book Industry Trends, How To Get Published, Marketing Your Book, Self - Publishing Tagged With: Alan Rinzler, authors, Best
Seller List, Garth Stein, Kathryn Stockett, New York Times Bestseller
List, The Help, writers
But one thing I've noticed in the past two days, my book went from over 1,000,000 in the best -
seller list to now I'm
under 6,000.
The article is a worth a read because it sheds light on what Hugh Howey briefly mentioned in «The NYT and WSJ Best
Seller Lists Must Die»
under the subsection «How to launder your book -LSB-...]
Filed
under Creative Real Estate Investing, Flipping, Motivated
Sellers, Wholesaling, cash buyer list, finding cash buyers, finding motivated sellers, free investing ebook, free investing tools, free investing
Sellers, Wholesaling, cash buyer
list, finding cash buyers, finding motivated
sellers, free investing ebook, free investing tools, free investing
sellers, free investing ebook, free investing tools, free investing videos.
Look for those amounts in the «
Seller - Paid» column
listed under «Before Closing.»
This rule applies to costs that relate to the disposition of the relinquished property or acquisition of the replacement property, as well as expenses
listed as the responsibility of a buyer or
seller in the typical closing statement
under local standards.
The reasons: (1) implied contractual indemnity — individual brokers were not parties to the
listing agreement with
sellers (only the bankrupt brokerage business was a party); and (2) equitable indemnity — although brokers were jointly and severally liable with
sellers as far as buyers» damages, this theory could not be used to create a new attorney fee exposure basis
under the American Rule, or else the appellate court would be creating a new exception through judicial fiat.
If the contact with the
seller is made
under the provisions of Standard of Practice 16 - 4, the REALTOR ® is also able to discuss the terms of a future
listing on the property or may enter into a
listing to become effective upon the expiration of the current
listing.
Blue Edge offers a two - tiered commission structure — 2 percent, which includes a property
listing on the Blue Edge Web site, but not on the local MLS; and 2 percent plus,
under which the
seller agrees to compensate a buyer's representative if the property is sold through the MLS.
The
Seller instructs the
LISTING Brokerage to solicit any and all offers on the subject property, from any Purchaser represented
under a duly authorized BUYER REPRESENTATION Agreement (EXCLUSIVE OF DUAL AGENCY) and the
Seller further hereby Agrees to include in the final negotiated selling price an amount equal to the Buyers obligations contained in such Buyer Representation Agreement.»
The key concept for
listing agents to remember is that their client, the
seller, has the right to negotiate the sale of his or her property in any manner that's legal
under state law.
After 29 years of active service in this industry, I can say with absolute certainty that obtaining a BRA from a buyer is significantly easier than getting a
seller under an MLS
listing agreement.
At the present time, if a
seller client does a Google search for their own
listed property it is likely to come up
under more different brokerage names, plus the third party sites etc., than I care to count.
In the event that other Boards or Associations MLS rules are in line with ours, one should see a requirement (rule)
under «Advertising» that requires the written permission of a
seller before a brokerage other than the
listing brokerage can advertise an MLS
listing.
It's rather unprofessional to take an overpriced,
under - commissioned, needs - a-lot-of-work
listing just because the
seller has a lack of understanding about what it takes to get a timely sale and full value for their property.
He asked each class, «How many people would work with a
seller under an open
listing?»
I always tell my
sellers as soon as I take the
listing that it is difficult to get feedback today as buyers looking at the property are usually working
under a BRA.
4) Although all standard MLS
listing agreements have for decades included commission payable
under the terms of the
listing whether an offer is finally accepted or not, the question is did the
Listing read this section over to the
Seller, explain what it meant and further at least one other time before the
Seller was asked to sign informed the
Seller again what «Signing Here, Press Hard, There are 4 carbons below» the
Listing was in fact invalid
under RECO.
I wanted to make complete sure I could do it myself with a property I have
under contract, or with
sellers I represented as an agent where they might be the one who has it
under contract so that I could
list on the MLS.
In addition to viewing homes
listed under the traditional eBay selling fonnat, home and property buyers can also browse through properties, with the option of contacting the
seller and / or
listing agent directly if interested in a particular property.
However,
under this new model
seller - buyer - rebate condition it effectively potentially seduces the buyer into buying its in - house
listing with the rebate applied which effectively reduces the purchase price for the buyer by 2.5 % no matter what price is paid, be it full price or less.
When a prospective buyer Googles an address online for a property in Ontario, and it shows up (complements of the DDF)
under a competing brokerages banner that is based in British Columbia instead of the
listing brokerage, or at least a brokerage from the same province — do you really think any
seller will benefit from such exposure?
The
seller gets to «choose» who he / she wants to
list with, at what price,
under what contractual conditions re commission structure... period.
«the
seller refuses to close, the
seller keeps the
listing with the current
listing agent (LA)» — A
Listing Brokerage would violate your MLS rules and regs to relist this property because Clear Title could no longer be established unless «Release» documents that were issued
under the review of legal council were signed by all parties or by court order.
So then, if one (the
seller) is not paying out «any money» during the tenure of the contract, thus receiving for «free» whatever that
listing sales person is spending his / her own money / time on vis a vis trying to arrange a sale in order to recoup and expand upon his / her expenses / time involvement in a monetarily positive manner, then who do you suppose is going to philisophically / legally «pay out» the contractual obligatory monies upon successful completion of a sale
under the terms of said
listing contract... the buyer?!
Under the settlement, brokers can't opt out of MLS feeds going to specific brokerages but brokerages displaying
listings must make an effort to generate
listings on their own and
sellers are protected from having their
listings on the Internet if they don't want them online, and they can also require false information to be removed.
The
Sellers argued that since the
listing agreement had expired when the Brokerage showed the property to the buyer, the Brokerage was a transaction broker and thus could not seek indemnification
under the common law of agency.
The Supreme Court of Iowa has considered whether a
seller and broker's oral agreement to not
list the
seller's business for sale but would allow the broker to solicit a buyer for the business constituted an unenforceable
listing agreement
under the state's laws.
«NAR's policies that are
under attack by the Justice Department preserve the integrity of multiple
listing services, including the vital benefits that MLSs bring to home
sellers and buyers and the rights of
listing brokers and their customers to direct the marketing of their own properties,» NAR said.
Filed
Under: Quarterly Housing Reports, Western Livingston Parish Housing Reports Tagged With:......,..., 70706, appraisal, Appraiser, Association, average, Average sales price, Average Sold Price, Baton Rouge, Baton Rouge Association, chart, contract
listings, denham springs, Denham Springs Watson, distressed sale, easterly lakes, Easterly Lakes Subdivision, GBRMLS, Greater Baton, Greater Baton Rouge, high price, High Sales Price, home, Hurricane Katrina, Hurricane Katrina pricing, information, LAKES, Lakes Subdivision, listing price, Livingston, livingston parish, Livingston Parish Denham, Low Sales Price, market, market direction, Median, median sale price, median sold price, NAR National Association, National Association, Page Drive, Parish Denham Springs, Pending Listings, period, post hurricane, post Hurricane Katrina, Pre-Listing Appraisal, Price Per Sq, Price Trends, real estate, Real Estate Investors, Realtors, reason, report, Report On Easterly, sales, Sales activity, Sales Price, Sales Price Ratio, seller, Short Sale, Sold Price, Springs Watson Report, sq. ft, subdivision, Subdivision Price Trends, substantial loss selling
listings, denham springs, Denham Springs Watson, distressed sale, easterly lakes, Easterly Lakes Subdivision, GBRMLS, Greater Baton, Greater Baton Rouge, high price, High Sales Price, home, Hurricane Katrina, Hurricane Katrina pricing, information, LAKES, Lakes Subdivision,
listing price, Livingston, livingston parish, Livingston Parish Denham, Low Sales Price, market, market direction, Median, median sale price, median sold price, NAR National Association, National Association, Page Drive, Parish Denham Springs, Pending
Listings, period, post hurricane, post Hurricane Katrina, Pre-Listing Appraisal, Price Per Sq, Price Trends, real estate, Real Estate Investors, Realtors, reason, report, Report On Easterly, sales, Sales activity, Sales Price, Sales Price Ratio, seller, Short Sale, Sold Price, Springs Watson Report, sq. ft, subdivision, Subdivision Price Trends, substantial loss selling
Listings, period, post hurricane, post Hurricane Katrina, Pre-
Listing Appraisal, Price Per Sq, Price Trends, real estate, Real Estate Investors, Realtors, reason, report, Report On Easterly, sales, Sales activity, Sales Price, Sales Price Ratio,
seller, Short Sale, Sold Price, Springs Watson Report, sq. ft, subdivision, Subdivision Price Trends, substantial loss selling, Watson
Filed
Under: Western Livingston Subdivision Studies Tagged With:......,......,..., appraisal, Appraiser, Association, average, Average sales price, Average Sold Price, Baton Rouge, Baton Rouge Association, chart, contract
listings, distressed sale, easterly lakes, Easterly Lakes Subdivision, GBRMLS, Greater Baton, Greater Baton Rouge, high price, High Sales Price, home, Hurricane Katrina, Hurricane Katrina pricing, information, LAKES, Lakes Subdivision, listing price, Louisiana, Low Sales Price, market, market direction, Median, median sale price, median sold price, NAR National Association, National Association, Page Drive, Pending Listings, period, post hurricane, post Hurricane Katrina, Pre-Listing Appraisal, Price Per Sq, Price Trends, real estate, Real Estate Investors, Realtors, REALTORS ® MLS, reason, report, Report On Easterly, sales, Sales activity, Sales Price, Sales Price Ratio, seller, Short Sale, Sold Price, sq. ft, subdivision, Subdivision Price Trends, substantial loss selling, Watson, Watson L
listings, distressed sale, easterly lakes, Easterly Lakes Subdivision, GBRMLS, Greater Baton, Greater Baton Rouge, high price, High Sales Price, home, Hurricane Katrina, Hurricane Katrina pricing, information, LAKES, Lakes Subdivision,
listing price, Louisiana, Low Sales Price, market, market direction, Median, median sale price, median sold price, NAR National Association, National Association, Page Drive, Pending
Listings, period, post hurricane, post Hurricane Katrina, Pre-Listing Appraisal, Price Per Sq, Price Trends, real estate, Real Estate Investors, Realtors, REALTORS ® MLS, reason, report, Report On Easterly, sales, Sales activity, Sales Price, Sales Price Ratio, seller, Short Sale, Sold Price, sq. ft, subdivision, Subdivision Price Trends, substantial loss selling, Watson, Watson L
Listings, period, post hurricane, post Hurricane Katrina, Pre-
Listing Appraisal, Price Per Sq, Price Trends, real estate, Real Estate Investors, Realtors, REALTORS ® MLS, reason, report, Report On Easterly, sales, Sales activity, Sales Price, Sales Price Ratio,
seller, Short Sale, Sold Price, sq. ft, subdivision, Subdivision Price Trends, substantial loss selling, Watson, Watson Louisiana
Filed
Under: Baton Rouge Housing Reports, Home Inspection and Home Remodeling Tips Videos, Home Selling and Buying Tips, Home Staging Tagged With:......,......,..., Agent, alternative financing optionsIncentives, Baton Rouge Home Appraisal, Baton Rouge Home Appraiser, Baton Rouge Homes, Baton Rouge Homes For Sale, Baton Rouge Housing, Baton Rouge Real Estate, Baton Rouge Real Estate Agents, Baton Rouge Realtors, big difference, blog post, buyer incentives, Carl Medford, East Baton Rouge, end, fence buyers, Greater Baton Rouge, handy download, hard look, home, home accessibility, home buyer, home buyers, home upgrades, homes, house, housing market, Image Source, Image Used, important factors, inspections, loan limits, market, Offer incentives, pro.truliablog.com NOTE, Prudential California Realty, reason, remainder tips, San Francisco, San Francisco Bay,
seller, Seller incentives, sellers, stale listing, Trulia Blog Post, Trulia.com, Trulia.com Blog, up
seller,
Seller incentives, sellers, stale listing, Trulia Blog Post, Trulia.com, Trulia.com Blog, up
Seller incentives,
sellers, stale
listing, Trulia Blog Post, Trulia.com, Trulia.com Blog, upgrades
** MOTIVATED
SELLER,
LISTED UNDER APPRAISED VALUE = INSTANT EQUITY.
Under brokerage agency (see description of brokerage agency under the next heading), because all licensees within the brokerage are the agents of the seller whose property is listed for sale with the brokerage, the conflict of interest arises if the licensee is purchasing a listing where they have personally signed the listing contract or where the listing contract is one entered into by another licensee in the broke
Under brokerage agency (see description of brokerage agency
under the next heading), because all licensees within the brokerage are the agents of the seller whose property is listed for sale with the brokerage, the conflict of interest arises if the licensee is purchasing a listing where they have personally signed the listing contract or where the listing contract is one entered into by another licensee in the broke
under the next heading), because all licensees within the brokerage are the agents of the
seller whose property is
listed for sale with the brokerage, the conflict of interest arises if the licensee is purchasing a
listing where they have personally signed the
listing contract or where the
listing contract is one entered into by another licensee in the brokerage.
Coldwell Banker Village Green Realty v. Pillsworth (32 A.D. 3rd 568 [3rd Dept.]-RRB-- Order of the Supreme Court granting broker's motion for summary judgment affirmed; in the absence of an agreement to the contrary, the broker's right to a commission is not contingent upon performance of the underlying real estate contract, receipt by the
seller of the sale price, transfer of title, or even a formal execution of a legally enforceable sales contract;
seller could not utilize the provisions of a subsequently executed sales contract wherein
seller agreed to pay broker's commission «if and when title closes» as a bootstrap to avoid her obligation to the broker
under the clear and unambiguous provisions of the
listing agreement as such language was contained in the contract of sale prepared by counsel and to which broker was not a party; provisions in
listing agreement that
seller would accept a binder or purchase contract contingent upon purchaser's ability to obtain conventional financing and provided any other contingencies in the binder or purchase agreement are acceptable to the
seller speak only to the type of purchase offer that
seller was obligated to accept and does not alter or otherwise qualify broker's right to a commission
Worldnet Real Estate, Inc. v. Suchow (19 A.D. 3d 982) broker's motion for summary judgment denied; issues of fact exist as to whether broker complied with his obligation
under the
listing agreement where the broker showed the property to a prospective buyer who thereafter informed the
seller that they would not work with the broker and the
seller thereafter terminated the
listing agreement «for cause».
Under Civil Code section 2079.13, subdivision (b), the duty the
listing agent owed to
seller, or any buyer, was equivalent to the duty owed to that party by Broker CB.
When there is one broker, and there are different salespersons licensed
under the same broker, each salesperson is an employee of the broker and their actions are the actions of the employing broker ․ When one salesperson obtains the
listing and represents the
seller, and another salesperson employed by the same broker represents the buyer, they both act as employees of the same broker.
If you mainly sell $ 250,000 - and -
under properties, for instance, and then secure a new
seller client with a home value in say, $ 500,000 or higher, it's evident you ought to pour more of your real estate marketing energy and dollars into promoting the high - priced
listing than you have for previous ones you've represented.
Hampton Realty v. Conklin (220 A.D. 2d 385)- issues of justifiable reliance and reasonable inquiry; motion for a leave to appeal denied (87 N.Y. 2d 805); non-jury trial judgment in favor of broker for commission reversed; broker not the procuring cause where purchaser and
seller discussed availability of property prior to
listing and where broker did nothing of any significance to assist in the negotiations between buyer and
seller aside from a single visit to the property; facts of the case do not support oral promise to «protect» the broker's commission; reasonable duration for term of brokerage agreement implied where agreement contained no term as to its duration and,
under the circumstances of the case, it would not be reasonable to extend the duration of the agreement for a term of more than one year.
Under a written
listing agreement to sell property, an agent represents only the
seller unless the
seller agrees in writing to allow the agent to also represent the buyer.
79 DOS 99 Matter of DOS v. Pagano - disclosure of agency relationships; failure to appear at hearing; proper business practices; unauthorized practice of law; unearned commissions; vicarious liability; fraudulent practice; jurisdiction; ex parte hearing may proceed upon proof of proper service; DOS has jurisdiction after expiration of respondents» licenses as acts of misconduct occurred and the proceedings were commenced while the respondents were licensed; licensee fails to timely provide
seller client with agency disclosure form prior to entering into
listing agreement and fails to timely provide agency disclosure form to buyer upon first substantive contact; broker fails to make it clear for which party he is acting; broker violates 19 NYCRR 175.24 by using exclusive right to sell
listing agreement without mandatory definitions of «exclusive right to sell» and «exclusive agency»; broker breaches fiduciary duties to
seller clients by misleading them as to buyer's ability to financially consummate the transaction; broker breaches his fiduciary duty to
seller by referring
seller to the attorney who represented the buyers when he knew or should have known such attorney could not properly protect
seller's interests; improper for broker to use
listing agreements providing for broker to retain one half of any deposit if forfeited by buyer as such forfeiture clause could, by its terms, allow broker to retain part of the deposit when broker did not earn a commission; broker must conduct business
under name as it appears on license; broker engaged in the unauthorized practice of law in preparing contracts for purchase and sale of real estate which did not contain a clause making it subject to the approval of the parties» attorneys and were not a form recommended by a joint bar / real estate board committee; broker demonstrated untrustworthiness and incompetency in using sales contract which purported to change the terms of the
listing agreement to include a higher commission; broker demonstrated untrustworthiness and incompetency in using contracts of sale which were unclear, ambiguous, vague and incomplete; broker failed to amend purchase agreement to reflect amendment to increase deposit amount; broker demonstrated untrustworthiness in back - dating purchase agreements; broker demonstrated untrustworthiness in participating in scheme to have
seller hold undisclosed second mortgage and to mislead first mortgagee about the purchaser's financial ability to purchase; broker demonstrated untrustworthiness by claiming unearned commission and filing affidavit of entitlement for unearned commission; DOS fails to establish by substantial evidence that respondent acted as undisclosed dual agent; corporate broker bound by the knowledge acquired by and is responsible for acts committed by its licensees within the actual or apparent scope of their authority; corporate and individual brokers» licenses revoked, no action taken on application for renewal until proof of payment of sum of $ 2,000.00 plus interests for deposits unlawfully retained
The last time I had a
seller who refused to accept a dime
under his
listing price, he ended up selling for nearly $ 30,000 less.