1. Unless approved in advance by The Broker, all listings will be “Exclusive” listings.
2. All listing and management agreements will be taken on the most current forms designated by C.A.R., or Association and or other approved forms by The Broker. Do NOT use outdated forms.
3. You must have the sellers/owner’s signature before you may begin marketing the property. If someone signs on behalf of the seller/owner, you must have written evidence of the authority to act, such as a Power of Attorney or letter of administration etc. If a party refused to sign the listing agreement, notify the signing parties have signed the agreement.
4. Before taking the listing, search the MLS to determine whether or not the property is currently listed with another broker.
5. It is this office’s policy to not take a new listing until the existing listing has expired.
6. Commission reductions are acceptable if approved by The Broker in advance, and in writing.
7. All Listing Agreements must have beginning and an end date to be valid.
8. Listing and Sales Policy: All signed and exclusive listings are property of The Broker. A Sales Associate upon leaving The Broker will be permitted to take his/her listings, providing fees are current upon termination and the Sales Associate is in good standing with no outstanding legal issues, board issues, tax issues and or corporate violations.
New Listing: The real estate commissioner requires that all contracts executed by Sales Associate must be approved by The Broker within 5 days of execution (This includes listings, leases, deposits receipts etc. Even if the contract is not accepted by the principles). So if you do not submit the contract within 3 business days you may be in violation of Real Estate Law. A new listing should be sent to the MLS within 48 hours. The listing is to include everything below:
- Listing Contract completely filled out and signed properly
- Transfer Disclosure Statement and Addendums
- Completed Agency Disclosure Statement
- Seller Affidavit, completed and signed by seller
- Home Protection Plan or waiver/acceptance
- Lock Box Authorization
- Sellers Net Sheet signed by the seller
1. Upload a new listing into Skyslope for The Broker's review and initialing, together with the above named forms. This must be done within 3 business days. Every listing must be reviewed by The Broker.
2. Prior to putting a sign on a listing please make sure that the listing has been uploaded into Skyslope.
3. Within 48 hours, the listing agent will upload and input information into the MLS.
4. The Sales Associate will have the responsibility to updating the status of the listing in the MLS and on all flyers and marketing materials.
5. When the listing sells or expires, the Sales Associate should notify The Broker so the file can be removed from the filing system. All price changes and adjustments should be kept current in the files and MLS system.
6. All escrow and listing files will be kept in The Broker files and will not be removed.
7. If the property is in escrow, you have a fiduciary duty to the seller to continue marketing the property unless the seller agrees otherwise.
8. Make sure the listing does not expire before close of escrow.
9. Get all modifications or extensions in writing.
10. You must present ALL offers to the seller even if the property is in escrow, unless the seller has given you written instructions to the contrary.
11. Upon receiving the offer, review it thoroughly for completeness, accuracy and clarity. Pay close attention to time limits set out in the offer, ESPECIALLY the time within which the seller must respond.
12. Call the selling agent, obtain some background information about the buyer and clarify any ambiguities in the offer. Notify the seller promptly that you have received the offer. Make an appointment as soon as possible to present the offer.
13. If the selling agent insists on presenting the offer, excuse him/her from the meeting and hold your discussions with your client in privacy.
14. All valid contracts must obtain all parties signatures. If a party signs on behalf of another, you must have evidence of that person’s authority to do so in writing.
15. If you must present an offer that is missing a signature, you must disclose this fact to the seller/listing agent. In this case, be sure to condition the offer based on having the final missing signature.
16. If your clients receive a counter offer, be sure that the terms of the counter are clear and complete. Be sure to review it against the purchase agreement.
17. Sales Associate must provide the disclosure form to the seller BEFORE entering into the listing agreement. Signed acknowledgement of receipt is important.