Real Estate Industry Member Tip:
Are Your Non MLS® Listings Worded Correctly?

Occasionally, a seller will request that an industry member list the seller’s property for sale but not use the services of an MLS® system. As a result, some brokerages have developed a non-MLS® listing agreement, which gives the brokerage the exclusive right to market the property on behalf of the seller. Other brokerages simply amend the MLS® Exclusive Sellers’ Brokerage Agreement (listing agreement) for use in non-MLS® listing situations. 

However, if the agreement is not amended correctly, it could raise a number of concerns as to whether the contract would be valid under law and whether the agreement actually reflects the relationship between the brokerage and the seller. There are many clauses in the MLS® agreement that would require amendment to be used in a non-MLS® listing situation, and as such, it may create confusion and not accurately reflect the relationship in place.

RECA has developed mandatory wording for inclusion in residential listing agreements for brokerages when exclusively representing a seller, whether in a MLS® or a non-MLS® agreement. The mandatory wording is included in the Exclusive Sellers’ Brokerage Agreement form available on RECA’s website here. The form can be used as a non-MLS® exclusive right to represent a seller if the seller chooses not to submit the listing agreement to a listing service as identified in clause 3.2(a) of the agreement.

 

 

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