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.
The New York Exclusive Sales Agency Listing Agreement for Sale of Real Property with Brokers to Solicit Co-Brokers is a legal document that establishes the relationship between a property owner (seller) and a real estate agency (broker) regarding the exclusive sale of a property. This agreement allows the broker to solicit other brokers to bring potential buyers to the property. In this agreement, the seller grants the broker the exclusive right to market and sell the property for a specific period of time. The broker agrees to use their best efforts to secure a buyer, and if successful, they are entitled to a commission upon the completion of the sale. There are different types of New York Exclusive Sales Agency Listing Agreements depending on the specific terms and conditions agreed upon by the seller and the broker. Some of these types include: 1. Exclusive Right-to-Sell Agreement: This type of agreement grants the broker exclusive rights to market and sell the property. Regardless of who finds the buyer (either the broker, co-broker, or the seller), the broker is entitled to a commission. 2. Exclusive Agency Agreement: Under this agreement, the broker is given exclusive rights to market the property, but the seller reserves the right to sell the property themselves without paying a commission. However, if any other broker (co-broker) brings a buyer, the listing broker is entitled to a commission. 3. Non-Exclusive Agency Agreement: In this type of agreement, the seller retains the right to sell the property themselves without any obligation to the broker. The broker, on the other hand, can also market the property and earn a commission if they find a buyer. Regardless of the type of Exclusive Sales Agency Listing Agreement used, it is essential to include relevant details such as the property's description, the agreed-upon listing price, the commission rate, the duration of the agreement, and any specific terms or conditions agreed upon by both parties. It is also important to consult with a legal professional to ensure that the agreement complies with New York state laws and regulations in real estate transactions.The New York Exclusive Sales Agency Listing Agreement for Sale of Real Property with Brokers to Solicit Co-Brokers is a legal document that establishes the relationship between a property owner (seller) and a real estate agency (broker) regarding the exclusive sale of a property. This agreement allows the broker to solicit other brokers to bring potential buyers to the property. In this agreement, the seller grants the broker the exclusive right to market and sell the property for a specific period of time. The broker agrees to use their best efforts to secure a buyer, and if successful, they are entitled to a commission upon the completion of the sale. There are different types of New York Exclusive Sales Agency Listing Agreements depending on the specific terms and conditions agreed upon by the seller and the broker. Some of these types include: 1. Exclusive Right-to-Sell Agreement: This type of agreement grants the broker exclusive rights to market and sell the property. Regardless of who finds the buyer (either the broker, co-broker, or the seller), the broker is entitled to a commission. 2. Exclusive Agency Agreement: Under this agreement, the broker is given exclusive rights to market the property, but the seller reserves the right to sell the property themselves without paying a commission. However, if any other broker (co-broker) brings a buyer, the listing broker is entitled to a commission. 3. Non-Exclusive Agency Agreement: In this type of agreement, the seller retains the right to sell the property themselves without any obligation to the broker. The broker, on the other hand, can also market the property and earn a commission if they find a buyer. Regardless of the type of Exclusive Sales Agency Listing Agreement used, it is essential to include relevant details such as the property's description, the agreed-upon listing price, the commission rate, the duration of the agreement, and any specific terms or conditions agreed upon by both parties. It is also important to consult with a legal professional to ensure that the agreement complies with New York state laws and regulations in real estate transactions.