A broker is an agent who bargains or conducts negotiations for and on behalf of a person he or she represents, called a principal. The broker acts as an intermediary between the principal and third persons in the acquisition of contractual rights or the sale or purchase of property, and receives a commission or brokerage fee for his or her services. A broker has a duty to act in the principal's interest and not gain personal advantage at the principal's expense. The broker must avoid conflicts of interest that may arise in performing duties for or advising third parties whose interests are not aligned with those of the principal. A real estate broker offers services as agent in matters involving the sale, purchase, rental, and financing of real property.
The terms of the brokerage agreement determine the character of the services to be rendered as well as the broker's right to compensation in particular circumstances.
Houston Texas Exclusive Sales Agency Listing Agreement for Sale of Real Property with Brokers to Solicit Co-Brokers is a legal contract that outlines the terms and conditions between a property owner (the Seller) and a real estate agency (the Exclusive Sales Agency) in Houston, Texas. This agreement authorizes the agency to act as the exclusive representative for the sale of the Seller's property, with the provision to solicit co-brokers for potential buyers. This Houston Texas Exclusive Sales Agency Listing Agreement includes several crucial elements to ensure a smooth and effective selling process. First, it establishes the exclusivity of the agency's representation, meaning that the Seller cannot engage any other real estate agent or agency to market and sell the property during the agreement's duration. This exclusivity allows the agency to invest time, resources, and expertise in promoting and selling the property, increasing the chances of a successful sale. The agreement specifies the rights and responsibilities of both the Seller and the Exclusive Sales Agency. It outlines the property's accurate description, including its address, legal description, and any relevant zoning information. The Seller's representations and warranties regarding the property's condition, ownership, and legality are also addressed in this agreement. The agreement includes the duration of the listing period, which is typically determined by the Seller and the Exclusive Sales Agency but is subject to local laws and regulations in Houston, Texas. During this listing period, the agency will actively market the property, conduct property showings, advertise it through various channels, and negotiate offers on behalf of the Seller. To maximize exposure and reach a wider pool of potential buyers, the Exclusive Sales Agency has the right to solicit co-brokers. This means that the agency can cooperate with other real estate professionals or firms and offer compensation to them in case they assist in finding a buyer for the property. These co-brokers can be from the same or different brokerage firms, enhancing the property's visibility in the market. In Houston, Texas, there may be variations of the Exclusive Sales Agency Listing Agreement, such as: 1. Exclusive Right to Sell Listing Agreement: This type of agreement grants the Exclusive Sales Agency the exclusive right to market and sell the property. The Seller agrees to pay the agreed-upon commission to the agency, regardless of who finds the buyer, ensuring more responsibility and effort on their part. 2. Exclusive Agency Listing Agreement: Unlike the Exclusive Right to Sell Listing Agreement, this agreement allows the Seller to find a buyer independently. However, if the Exclusive Sales Agency procures a buyer during the listing period, they are entitled to receive the agreed-upon commission. 3. Multiple Listing Service (MLS) Exclusive Agency Listing Agreement: This agreement authorizes the Exclusive Sales Agency to list the property on the local MLS, granting exposure to a broader network of real estate professionals. If a co-broker finds a buyer, they will share the commission with the Exclusive Sales Agency. In summary, the Houston Texas Exclusive Sales Agency Listing Agreement for Sale of Real Property with Brokers to Solicit Co-Brokers is a comprehensive legal document that protects the interests of both the Seller and the Exclusive Sales Agency. It ensures dedicated representation, increased market exposure, and the potential for cooperation with other real estate professionals to facilitate a successful sale.Houston Texas Exclusive Sales Agency Listing Agreement for Sale of Real Property with Brokers to Solicit Co-Brokers is a legal contract that outlines the terms and conditions between a property owner (the Seller) and a real estate agency (the Exclusive Sales Agency) in Houston, Texas. This agreement authorizes the agency to act as the exclusive representative for the sale of the Seller's property, with the provision to solicit co-brokers for potential buyers. This Houston Texas Exclusive Sales Agency Listing Agreement includes several crucial elements to ensure a smooth and effective selling process. First, it establishes the exclusivity of the agency's representation, meaning that the Seller cannot engage any other real estate agent or agency to market and sell the property during the agreement's duration. This exclusivity allows the agency to invest time, resources, and expertise in promoting and selling the property, increasing the chances of a successful sale. The agreement specifies the rights and responsibilities of both the Seller and the Exclusive Sales Agency. It outlines the property's accurate description, including its address, legal description, and any relevant zoning information. The Seller's representations and warranties regarding the property's condition, ownership, and legality are also addressed in this agreement. The agreement includes the duration of the listing period, which is typically determined by the Seller and the Exclusive Sales Agency but is subject to local laws and regulations in Houston, Texas. During this listing period, the agency will actively market the property, conduct property showings, advertise it through various channels, and negotiate offers on behalf of the Seller. To maximize exposure and reach a wider pool of potential buyers, the Exclusive Sales Agency has the right to solicit co-brokers. This means that the agency can cooperate with other real estate professionals or firms and offer compensation to them in case they assist in finding a buyer for the property. These co-brokers can be from the same or different brokerage firms, enhancing the property's visibility in the market. In Houston, Texas, there may be variations of the Exclusive Sales Agency Listing Agreement, such as: 1. Exclusive Right to Sell Listing Agreement: This type of agreement grants the Exclusive Sales Agency the exclusive right to market and sell the property. The Seller agrees to pay the agreed-upon commission to the agency, regardless of who finds the buyer, ensuring more responsibility and effort on their part. 2. Exclusive Agency Listing Agreement: Unlike the Exclusive Right to Sell Listing Agreement, this agreement allows the Seller to find a buyer independently. However, if the Exclusive Sales Agency procures a buyer during the listing period, they are entitled to receive the agreed-upon commission. 3. Multiple Listing Service (MLS) Exclusive Agency Listing Agreement: This agreement authorizes the Exclusive Sales Agency to list the property on the local MLS, granting exposure to a broader network of real estate professionals. If a co-broker finds a buyer, they will share the commission with the Exclusive Sales Agency. In summary, the Houston Texas Exclusive Sales Agency Listing Agreement for Sale of Real Property with Brokers to Solicit Co-Brokers is a comprehensive legal document that protects the interests of both the Seller and the Exclusive Sales Agency. It ensures dedicated representation, increased market exposure, and the potential for cooperation with other real estate professionals to facilitate a successful sale.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés. For your convenience, the complete English version of this form is attached below the Spanish version.
