What Is an Open Listing?
An open listing is a non-exclusive real estate listing agreement in which the seller reserves the right to list with multiple brokers and to sell the property themselves. A commission is owed only to the broker who actually procures the buyer — and if the seller finds the buyer without any broker, no commission is owed at all.
How It Differs from Other Listings
- Open listing — non-exclusive; only the procuring broker earns a commission; the seller can sell on their own with no commission
- Exclusive agency listing — one broker, but the seller can still sell on their own commission-free
- Exclusive right to sell — one broker earns the commission no matter who finds the buyer; the most common arrangement
Practical Considerations in Florida
Open listings give sellers flexibility but offer brokers little security, so many agents invest less marketing effort in them. Because more than one broker may claim to have produced the buyer, open listings can lead to procuring-cause disputes over who actually earned the commission. The listing agreement's terms control how and when a commission is earned.
Related Terms
- Broker — The party an open listing engages
- Commission — What the procuring broker earns
Barnes Walker Real Estate
Barnes Walker's real estate attorneys draft and interpret listing agreements and resolve commission disputes for Florida sellers and brokers. Request a legal inquiry for assistance.
Reviewed by the attorneys at Barnes Walker, Goethe, Shea & Robinson, PLLC