List of exclusive agencies: a contractual agreement under which the stockbroker acts as a legally recognized non-agency broker or agent of the seller and the seller (s) agrees to pay a commission to the stockbroker if the property is sold by the efforts of a real estate agent. If the property is sold exclusively by the efforts of the seller or sellers, the seller is not required to pay a commission to the stockbroker. (Modified 5/06) In addition, other terms that may appear in the agreement may include: Note: These definitions are provided to facilitate the categorization of lists in MLS compilations. In any area of conflict or inconsistency, priority is given to the law or regulation of the state. If national law allows brokers to list real estate on an exclusive or open basis without establishing an agency relationship, listings should not be excluded from MLS compilations, as the listing broker is not the seller`s agent. (Adopted 11/93, modified 5/06) M An open list is a non-exclusive agreement that allows a real estate owner to sell the offer himself. This is commonly referred to as the „For Sale By Owner“ list. In this scenario, the owner may decide to recruit several real estate agents and pay only the commission to the one who first reports the most qualified buyer. While we usually trend a list like posting a property that is for sale or rent, the list actually refers to the list agreement that is made between a client and an agent regarding the marketing of a real estate. A listing contract (or listing agreement) is a contract between a real estate agent and a real estate owner that gives the broker the power to act as a broker when selling the property.  – Exclusive agency: The seller can list the property only with a broker, unless the listing contract expires and the property remains unsold. The property is not listed in the MLS. The seller must pay a commission to the real estate agent if the property is sold to a buyer obtained through this mediation.
If the seller finds the buyer himself, the seller will not have to pay a commission. Death, bankruptcy or madness can and will terminate a listing contract.