Question 1

What is an exclusive right to sell listing in Florida?

Accepted Answer

Exclusive right to sell: a listing agreement where the broker earns a commission regardless of who procures the buyer, even if the owner sells the property themselves. This is the most common and most protective listing agreement for brokers. In FL: the broker earns the commission if: the broker procures a buyer, a cooperating broker procures a buyer, or the owner sells directly during the listing period. The only way the owner avoids the commission: is if the property does not sell during the listing period.

Question 2

Why is the exclusive right to sell the most common listing in Florida?

Accepted Answer

Prevalence: broker incentive (the broker is guaranteed a commission if the property sells: this incentivizes: maximum marketing effort, MLS exposure, and cooperation with other brokers), MLS requirement (most FL MLS systems require: an exclusive right to sell or exclusive agency listing for MLS participation), seller benefit (the maximum marketing effort: typically results in higher sale prices and faster sales), and industry standard (most FL real estate brokers: only accept exclusive right to sell listings). The owner: benefits from the broker’s full commitment to selling the property.

Question 3

How can a Florida seller protect themselves in an exclusive right to sell listing?

Accepted Answer

Protection: negotiate the term (keep the listing period reasonable: 3-6 months for most residential properties; avoid long terms or automatic renewals), exclusions (negotiate exclusions for: specific buyers the owner has already been negotiating with: these buyers are listed in the agreement and no commission is owed if they purchase), cancellation clause (negotiate a right to cancel the listing if: the broker fails to perform their duties), commission rate (negotiate the commission rate: FL does not set commission rates; they are negotiable), and protection period (negotiate the length of the protection period: the period after the listing expires during which the broker earns a commission if the property sells to a buyer the broker introduced).

Exclusive Right to Sell Listing

FL Exclusive Right to Sell Listing

What It Is

Why Dominant

Seller Protection

Related Terms

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