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The New Hampshire Real Estate Exclusive Listing Agreement Revealed!

By
Real Estate Agent with Coldwell Banker

 

The word "contract" often makes the average person quiver!  Many people will sign a contract without even knowing what it says.  If you are considering selling your Lake Winnipesaukee area home and are not familiar with the Listing Agreement (the contract between you and the Agency you choose to hire to represent you) this post will help guide you through.

I am going to take you step by step through the listing agreement in easy everyday language- the kind I like to speak!

The Exclusive Listing Agreement the New Hampshire Association of REALTORS® standard form is made up of 6 sections.

1.  Section 1 answers the following questions.

  • Who is the seller?
  • What agency are they hiring to market their home?
  • What property is being sold?
  • Where is the current deed located and recorded?
  • What is the professional compensation?

 

 

2.  Section 2 tells the dates that the contract is in effect.  The property will be placed in the MLS within 48 hours after final signature, unless stated otherwise.  There is also a blank in this section for a given time period after the contract expires that the agency will be due compensation if:

  • a buyer that we provided information to,
  • showed the property to,
  • or presented an offer on the behalf of (procured),

should decide to buy the property.


This section also says that if there is deposit from a purchase and sales agreement that is forfeited, the deposit will be split between the seller and the agency.

You are also obligated by signing this contract to tell the agency and potential buyer any pertinent fact, event or information about the property. Be honest here, or it could come back to haunt you!!!

3.  Section 3 is going to tell you how the professional fees for agency services will be split with cooperating agencies.  I know I said I would use plain English.  Let me try that again...This section tells you how your agent will split the commission with another agency that may represent or bring a buyer.

4.  Section 4 allows you to agree or disagree to Dual Agency.

First, here is an example of dual agency.

            You choose to hire me, Kim Carpenter,  a real estate Advisor at Coldwell Banker Residential Brokerage in Wolfeboro.  A fellow agent in my office represents a buyer who has been waiting for a property exactly like yours.  If Coldwell Banker Residential Brokerage brings a buyer to your property it is a dual agency situation and it must be disclosed in writing. 

*I HIGHLY advise my clients to agree to dual agency showings.  If you don't agree to it you will limit your pool of buyers in a very big way, especially since Coldwell Banker Residential Brokerage is the #1 real estate company in New England!!

5.  Special conditions. This section is pretty straight forward.  It tells if you agree to a sign on the property, interior and exterior photos etc.

6. Last but not least, section 6 is a blank section that is for any additional provisions that might be necessary.

 

That's about it!  When you know what the listing agreement says and you trust the person who is signing the contract with you (me), it is just one small step in the process of selling your Lake Winnipesaukee real estate!

If you have any further questions about selling your Alton, Wolfeboro, Gilford, Laconia, Meredith, Moultonborough, Center Harbor, Tuftonboro home, please email me or call my cell at (603)978-2165.

 

Lake Winnipesaukee REALTORKim Carpenter, Wolfeboro, NH, Lake Winnipesaukee REALTOR®
Lake Winnipesaukee real estate, Alton, NH real estate
(603)978-2165
http://www.kimcarp.com/

To request a FREE Lake Winnipesaukee Home Evaluation and to see my EXCLUSIVE Power Marketing Proposal click here.

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INTERVIEW ME!

 

 

 

Timothy P. McDonald
P. Timothy McDonald, Esq. - Warwick, RI
Goood explanation.
Mar 11, 2008 10:21 PM
Jo-Anne Smith
Oakville, ON

Kim,

This is a great primer for people in your area who are thinking of selling. The listing agreement can be an intimidating contract for many people and it's nice to know what it entails ahead of time and also what information a seller should have on hand.

Jo 

Mar 11, 2008 10:25 PM
Gary McAdams
GMAC Schwartz Property Sales - Key West, FL
Just seeing The Lakes region makes me home sick.  I grew up in Boston, lived on Seabrook Beach for 5 years and spent a lot of time on Lake Winnipesaukee.  I miss it there.
Mar 11, 2008 10:45 PM
Kim Carpenter
Coldwell Banker - Alton, NH
Lake Winnipesaukee REALTOR -Lake Winnipesaukee Real Estate, NH

Thanks Tim!

Jo- It is initmidating for consumers but necessary in order to sell your home.  That's why I tried to explain it... hopefully I succeeded.

Gary- Come buy a Lake Winnipesaukee home of your own!!   I am sorry you are homesick... we are only a vacation away! :)

Mar 11, 2008 11:38 PM
Jay McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Exeter, NH
Real Estate Broker
It will be nice if and when Designated Agency and Facilitator comes into law. It has passed the State House of Representatives and the bill is now before the State Senate. This will reduce the occurrences of Disclosed Dual Agency and limit our liability.
Mar 12, 2008 12:39 AM
Gary White~Grand Rapids Home Selling Pro Call: 616-821-9375
Flexit Realty "Flexible Home Selling Solutions" - Grand Rapids, MI
Real Estate Services You can Trust!
Hi Kim, nice outline of the Exclusive Representation agreement.  If you are not representing the seller you are representing the buyer so for their protection these form are necessary and required.  Taking people through the form without causing distress is also an art.  Nice post.
Mar 12, 2008 01:02 AM
Monika McGillicuddy
Berkshire Hathaway HomeServices Verani Realty - Hampstead, NH
Southern NH & the Seacoast Area
Designated Agency will be soooo nice as it will limit the conflict of interest that happens with Dual Agency. I hope it goes through!
Mar 12, 2008 01:05 AM
Steve Loynd
Alpine Lakes Real Estate Inc., - Lincoln, NH
800-926-5653, White Mountains NH

Kim

Good post for a home seller to get a better understanding of our listing contracts, the forfeited deposit does not have to be shared with the seller and agent, that is up to the two parties in a bi-lateral agreement. It could be that the seller asks for all the funds to be theirs in a failed transaction.

Mar 12, 2008 01:10 AM
Kim Carpenter
Coldwell Banker - Alton, NH
Lake Winnipesaukee REALTOR -Lake Winnipesaukee Real Estate, NH
Jay and Monika- That will be nice... When will it likely happen?
Mar 12, 2008 07:44 AM
Kim Carpenter
Coldwell Banker - Alton, NH
Lake Winnipesaukee REALTOR -Lake Winnipesaukee Real Estate, NH
Gary- thanks for your comment!  My goal is to make it less stressful for the consumer...It took me a while to learn what these forms mean so we cant expect someone to understand them the first time they read it through... BUT with a little explanation it is a different story!
Mar 12, 2008 07:46 AM
Kim Carpenter
Coldwell Banker - Alton, NH
Lake Winnipesaukee REALTOR -Lake Winnipesaukee Real Estate, NH
Steve- thanks for the clarification.
Mar 12, 2008 07:48 AM
Christopher Bonta
The Bean Group - Londonderry, NH
Realtor, Integrity and Honesty

Great post, educating the consumer is what I believe in and your step by step explanation is great!!

Apr 04, 2008 12:32 PM
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Oct 15, 2016 05:42 PM
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