What Is A Multiple Listing Service Agreement

What is a Multiple Listing Service Agreement?

A multiple listing service (MLS) agreement is a contract between a real estate broker and a seller that gives the broker the exclusive right to list and market the seller’s property for a specified period of time. The MLS is a database that allows brokers to share information about properties with each other and with the public.

Features of an MLS Agreement

  • Exclusive Listing: The broker has the exclusive right to list and market the property for the term of the agreement.
  • Compensation: The broker is typically paid a commission if the property is sold during the term of the agreement.
  • MLS Access: The broker will list the property on the MLS, which makes it available to other brokers and the public.
  • Term of Agreement: The agreement will typically specify the length of time that the broker has the exclusive right to list the property.
  • Termination: The agreement can be terminated by either party before the end of the term.
  • Disclosure of Information: The broker must disclose any material facts about the property that could affect its value or desirability.

Benefits of an MLS Agreement

  • Increased Exposure: The MLS allows brokers to share information about properties with each other and with the public, which increases the likelihood that the property will be seen by potential buyers.
  • Professional Marketing: Brokers are trained in marketing real estate, and they can use their knowledge and expertise to create effective marketing materials for the property.
  • Access to Other Brokers: The MLS allows brokers to connect with other brokers who may have buyers who are interested in the property.
  • Streamlined Communication: The MLS provides a platform for brokers to communicate with each other and with the seller, which helps to streamline the process of buying and selling real estate.

Legal Implications of an MLS Agreement

MLS agreements are legally binding contracts, and it is important to understand the legal implications of signing one. The agreement should be carefully reviewed by both the seller and the broker before it is signed.

The following are some of the most important legal implications of an MLS agreement:

  • The broker is the seller’s agent. This means that the broker owes a fiduciary duty to the seller, which means that the broker must act in the best interests of the seller.
  • The seller is obligated to pay the broker a commission if the property is sold during the term of the agreement. The commission is typically a percentage of the sale price of the property.
  • The seller can terminate the agreement before the end of the term. However, the seller may be liable for a termination fee if the agreement is terminated without cause.

MLS agreements are an important part of the real estate process, and they can be beneficial for both sellers and brokers. However, it is important to understand the legal implications of signing an MLS agreement before you sign it.

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