7.15 Sellers Refusing to Sign Exclusive Right to Sell Listing Agreement

In special circumstances when sellers refuse to sign an exclusive listing agreement, Associates may request the seller sign the Company document named Authorization to Advertise and Access Owner’s Property Agreement only with Manager or Broker approval. This agreement allows Associates to advertise, market, and access the owner’s property in an attempt to procure and represent a buyer. These agreements are commonly made on expired listings when owners had a poor experience with a previous listing agent, or on luxury properties that owners do not wish to expose to the general public, or homeowners who would be interested in selling if an offer was presented but do not wish to actively pursue selling the property through traditional means of listing the home for sale.

Under no circumstances should Associates claim to represent the seller or claim they have a “pocket listing”. Associates must disclose they do not represent the seller in all conversations regarding the property. Anytime an Associate uses the word “listing” that implies you already have a signed contract. Use “unlisted” property in your scripts rather than “pocket listing” or “private listing.”

Before advertising, showings, or any buyer is procured, the owner must sign the Addendum to the Authorization to Advertise and Access Owner’s Property Agreement which outlines the possibility for dual agency and the owner’s election of representation options in the event an offer is submitted. The property cannot be offered through the multiple listing service (MLS) and the seller must sign an exclusion form. If they do not wish for any advertising over the internet they must also sign an exclusion form. A Single Party Compensation Agreements (or similar agreement, as it varies per State) should be completed by Associates and signed by the seller before showing any buyer the property.