A contract is an agreement between parties, creating mutual obligations that are enforceable by law. The basic elements required for the agreement to be a legally enforceable contract are: mutual assent, expressed by a valid offer and acceptance; adequate consideration; capacity; and legality.
For a contract to be valid and recognized by the common law, it must include certain elements-- offer, acceptance, consideration, intention to create legal relations, authority and capacity, and certainty. Without these elements, a contract is not legally binding and may not be enforced by the courts.
A listing agreement is a written document signed by all owners of real estate or their authorized attorney in fact authorizing a broker to offer or advertise real estate described in such document for sale or lease on specified terms for a defined period of time and is only valid if signed by all owners or their ...
A listing agreement is “a legally binding contract that creates an agency relationship authorizing a broker to serve as the agent for a principal in a real estate transaction.” In other words, a listing agreement is an employment contract between a client and a broker that spells out what the broker is responsible for ...
Final answer: The component that is not required in most listing agreements is the naming of an escrow company. Most listing agreements typically include identification of the property, compensation details and signatures, although the escrow company is usually determined later in the selling process.
If there are any potential buyers that are “protected” such that if they purchased the property, the seller would not owe a commission to the current listing broker, these buyers are named exceptions.