Listing Agreement Contract With A Self-renewing Clause In Massachusetts
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Second, in California, as of 2024, you cannot have a listing agreement term for longer than 24 months, and if you essentially had an indefinite listing agreement, this would be unlawful.
The written listing agreements in real estate must not contain a self-renewing clause. However, they must contain elements like property description and a definite expiration date. It's also acceptable for them to contain a clause requiring the broker to deliver the agreement to the seller within a certain timeframe.
Once this agreement expires, your real estate agent no longer represents you. It also means your listing will officially no longer be for sale, as it will be removed from platforms like Realtor®. It will also be removed from the multiple listing service, also called the MLS.
Final answer: The carryover clause allows a broker to collect a commission after the listing contract expires if the property is sold to a buyer initially introduced by the broker during the term of the contract.
A listing agreement may not have automatic extensions; it must, in fact, have an expiration date. The broker is also required to give a copy of the listing agreement to the seller once it has been signed for their records and reference.
The exclusivity previously granted to the agent no longer applies, and the seller has the flexibility to explore different representation options. Keep in mind that some Exclusive Right to Sell Agreements may include a clause for automatic renewal or extension if certain conditions are met.
In Massachusetts, automatic renewal clauses are enforceable, provided that they also contain a provision that either party may elect not to renew the contract for another term by giving notice to the other party of their intent not to renew.
