Exclusive agency agreement

Exclusive agency agreement
See also

An exclusive agency agreement is a security for the specialist from customers who look to abstain from paying the expense to which they have concurred. No person can sell a property without paying a specialist fee. Regardless of whether you acquaint the buyer with the specialist, or if a purchaser comes thumping on your entryway and requests that you go behind the agent's back. You are still obliged to pay the specialist the expert charge[1]. "Example: Able gives Baker an exclusive-agency listing Broker Cain approaches Able with a buyer. Able cannot agree to let Cain work for him under the terms of the exclusive-agency agreement with Baker. Cain will have to work with Baker"[2].

Types of agency agreement

Agency contracts are divided into listing agreements and buyer agency agreements listing agreements and buyer agency agreements[3][4]:

  • "Listing agreements gives the broker the right to market the property. However, if the principal sells the property, the broker is not paid a commission. The principal may not give the listing to another broker while the contract period is in force with the original broker."
  1. "The exclusive agency agreement is one in which a fee is owed to the broker only if the broker sells the property If the owner sells the property, the broker is owed nothing This contract is described as unilateral because nothing is owed unless the broker produces a buyer. Interestingly enough, this type of listing agreement becomes a bilateral agreement when and If the broker produces a buyer because at that point both parties have obligations that must be fulfilled and can be enforced. This type of agreement is usually express because the listing agreement contains the details to which both parties agree.",
  2. exclusive right to sell listing agreement,
  3. open listing agreement.
  • A buyer agency agreement understanding ties the specialist to pay special mind to the eventual benefits of the purchaser. This implies the dealer can exhort the purchaser about issues, for example, best property to address the purchaser's issues and the best cost for that property. With a double organization, an agent would not have the option to tell the purchaser if the property that the specialist is speaking to is overrated or that there is another property that may better suit the purchaser's needs. "There are three basic types of buyer agency agreements:".
  1. "With an exclusive agency buyer agency agreement, the buyer is obligated to pay the agent only f the agent produces a property that the buyer buys. It's a unilateral agreement because nothing is owed unless the buyer's agent produces a property for the buyer. And this type of agreement is usually express because the promises made are and agreed to usually in writing.",
  2. exclusive buyer agency agreement,
  3. open buyer agency agreement.


  1. Smits M. 2012
  2. Cortesi G. 2003
  3. Peterson's 2010
  4. Yoegel J. A. 2012


Author: Magdalena Łach