Selling your home can be a complex matter if you are not familiar with some of the basic terminology and customs. Having a general understanding of common Real Estate practices can make a world of difference in how smoothly your sale will go. Here are some basic concepts you should know and understand.
A Real Estate Agent's Role: Sub-Agency and Buyer's Agency
Seller Sub-Agency:
Agency relationships in residential real estate sales were once
very different. An owner of real estate signed an agreement
and the real estate agency (the listing firm) listed the property. The listing
firm and all its affiliated agents were the agents of (or worked
for) the seller because of the listing agreement. Other brokers and
salespersons affiliated with other real estate firms frequently became
involved in efforts to sell the property as a result of the listing
firm's advertising (which eventually led to the development of the
MLS system). At this point, all agents involved either as the listing
agency or the selling agency (the agency who actually sells the property
by bringing the buyer) were legally considered to be subagents of
(or worked for) the seller. What this means is that the buyer had
no representation of their own.
Buyer's Agency:
This concerned home buyers greatly, and eventually
a new age of agency relationships was born: buyer's agency. Under
this type of agreement
buyers now have their own agents representing them in the sales
transaction. The buyer agency agreement is the one most commonly
used today.
When selling your home, keep in mind that there are
these two different forms of agency relationships: seller sub-agency
(both the listing agency and the selling
agency work for you - the seller) and buyer agency (the listing agency works
for you and the selling agency works for the buyer). When a real estate agent
brings a buyer to show your home, they are required by law to disclose what
kind of agency agreement they have with the buyer. This lets you
know exactly who
the agent is working for and your position in the matter. The agent will either
be the buyer's agent (working for the buyer) or a sub-agent (working for your
interests). As the listing agency, we are always working toward your interests.
Listing Agreements:
Exclusive Right
to Sell vs. Exclusive Agency
Regarding listing agreements themselves, there
are two main types of Listing Agreements which you will run into
when deciding to list
your home for sale
with any Real Estate agency. These are the Exclusive Right to Sell
Listing Agreement
and the Exclusive Agency Listing Agreement.
Exclusive Right to Sell Agreement:
This agreement is most commonly found with
full service real estate agencies. The agreement gives the listing
agency the right to be the "exclusive" agency for the marketing
and listing of your property. It also gives them the right to
collect a commission, even if the owner
finds their own buyer. This means you pay a listing agency commission no matter who
sells your home and you will most likely pay a buyer's agency commission as
well. Together you may pay 6% or more of the sales price.
Exclusive Agency
Agreement:
Under this agreement the seller still employs one
agent (this is what the term "exclusive" means)
to list their home. Under this type of Agreement, the owner reserves the right
to sell the property on their own without paying a listing commission.
Carolina Listing Express.com uses an Exclusive Agency Listing
Agreement, so you maintain the right to sell your home yourself.
We waive the right to collect
a commission even if we find the buyer for you (via the MLS system,
seller sub-agents
or buyer's agents). By company policy we never act as a buyer-agents
for buyers. In other words we, by choice, limit our services
to listing properties only.
And we charge no listing commission, period.
List your home with Carolina
Listing Express.com and enjoy the savings!