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 Santa Clara Exclusive Sales Agency Listing Agreement for the Sale of Real Property with Brokers to Solicit Co-Brokers is a legally binding contract that outlines the terms and conditions of an agreement between a property owner, also known as the seller, and a real estate agency or broker. This agreement grants the exclusive right for the broker to represent the seller in marketing and selling their property within the Santa Clara, California area while allowing the broker to work with and solicit co-brokers or other agents to assist in finding a buyer. Under this agreement, the seller agrees to compensate the broker a commission upon the successful sale of the property. The commission is usually a percentage of the final sale price and is outlined within the agreement. The broker is responsible for marketing and advertising the property to potential buyers, conducting open houses, arranging viewings, and negotiating offers on behalf of the seller. The broker will also handle all necessary paperwork and ensure that the transaction is carried out smoothly and within the legal framework. The Santa Clara Exclusive Sales Agency Listing Agreement may also include additional provisions such as the duration of the agreement, termination clauses, and specific instructions or limitations outlined by the seller. It is important for both parties to carefully review and understand the terms and conditions of the agreement before signing. In addition to the standard Santa Clara Exclusive Sales Agency Listing Agreement, there may be variations or additional types of listing agreements available. These could include: 1. Santa Clara Exclusive Right to Sell Listing Agreement: This agreement grants the broker the exclusive right to represent the seller and sell the property without the seller being able to sell the property independently or utilize any other brokers. 2. Santa Clara Open Listing Agreement: This non-exclusive agreement allows the seller to work with multiple brokers simultaneously. However, the broker who successfully finds a buyer is entitled to the commission. 3. Santa Clara Net Listing Agreement: In this arrangement, the seller sets a minimum desired price for the property, and any amount exceeding that price becomes the commission for the broker. This type of agreement is less common and may be subject to specific state regulations. It is essential for sellers in Santa Clara, California, to thoroughly research and consult with a qualified real estate attorney or agent to determine the most suitable type of listing agreement for their specific needs and circumstances.The Santa Clara Exclusive Sales Agency Listing Agreement for the Sale of Real Property with Brokers to Solicit Co-Brokers is a legally binding contract that outlines the terms and conditions of an agreement between a property owner, also known as the seller, and a real estate agency or broker. This agreement grants the exclusive right for the broker to represent the seller in marketing and selling their property within the Santa Clara, California area while allowing the broker to work with and solicit co-brokers or other agents to assist in finding a buyer. Under this agreement, the seller agrees to compensate the broker a commission upon the successful sale of the property. The commission is usually a percentage of the final sale price and is outlined within the agreement. The broker is responsible for marketing and advertising the property to potential buyers, conducting open houses, arranging viewings, and negotiating offers on behalf of the seller. The broker will also handle all necessary paperwork and ensure that the transaction is carried out smoothly and within the legal framework. The Santa Clara Exclusive Sales Agency Listing Agreement may also include additional provisions such as the duration of the agreement, termination clauses, and specific instructions or limitations outlined by the seller. It is important for both parties to carefully review and understand the terms and conditions of the agreement before signing. In addition to the standard Santa Clara Exclusive Sales Agency Listing Agreement, there may be variations or additional types of listing agreements available. These could include: 1. Santa Clara Exclusive Right to Sell Listing Agreement: This agreement grants the broker the exclusive right to represent the seller and sell the property without the seller being able to sell the property independently or utilize any other brokers. 2. Santa Clara Open Listing Agreement: This non-exclusive agreement allows the seller to work with multiple brokers simultaneously. However, the broker who successfully finds a buyer is entitled to the commission. 3. Santa Clara Net Listing Agreement: In this arrangement, the seller sets a minimum desired price for the property, and any amount exceeding that price becomes the commission for the broker. This type of agreement is less common and may be subject to specific state regulations. It is essential for sellers in Santa Clara, California, to thoroughly research and consult with a qualified real estate attorney or agent to determine the most suitable type of listing agreement for their specific needs and circumstances.
