This is the first episode in our new video series covering the written employment agreement used by brokers and agents when an owner, buyer, tenant or lender retains a broker to render real estate transactional services as the agent of the client. Stay tuned for future episodes!

Introducing the listing agreement

A listing agreement

is a written employment arrangement between a client and a licensed real estate broker regarding real estate services. On entering into a listing agreement, the broker and their agents are retained and authorized to diligently perform real estate related services on behalf of the client in exchange for payment of a fee. [Calif. Civil Code §1086(f); see RPI Forms 102-104 and 110-112]

The client retaining a broker may hold an ownership interest in real estate, which the client seeks to:

Further, the client retaining the services of a broker may be seeking to acquire an interest in real estate as a:

The person employed by a client to provide real estate services in expectation of a fee is a licensed real estate broker. Likewise, if a dispute arises with a client over the client’s failure to pay an agreed-to fee, the broker needs to be employed under a written listing signed by the client may pursue collection.

A real estate agent employed by the broker may obtain a listing, but the agent does so while acting on behalf of the broker. The agent has no independent right to enter into or enforce the listing agreement in their name.