Completing RLA [Residential Listing Agreement]
Completing the RLA [Residential Listing Agreement]
- Paragraph 1
- Always use the correct Listing Agreement: The correct RLA has “Exclusive Right to Sell.”
- The “Begin” Date is the date the Agreement is signed – not when you plan to put Property on the Market [use SELM for that].
- The “End” Date is the date the Agreement terminates.
- Check box in paragraph 1 if Manufactured or Mobile Home or for Probate, Conservatorship or Guardianship.
- Paragraph 2 – If Property is a Trust, write in paragraph 2.B “Listing Terms”: “Seller is a Trust.” Listing Terms can also spell out what terms such as ALL Cash, Conventional, FHA, VA, Seller Carrybacks might be acceptable to Seller.
- Paragraph 3
- In paragraph 3.A, COMPENSATION TO BROKER put the Total commission Seller is to pay [Usually between 5-6%].
- In paragraph 3.A(2) put “If within 60 calendar days . . . ” – Always write in 60 or more days to cover any potential Buyers that showed interest in the Property prior to the end of the Listing Agreement.
- Listing Agent must provide a written list of potential Buyer names to the Seller prior to the end of the Listing Period.
- In paragraph 3.D(1) put the cooperating Broker commission [i.e 2.5%, 3%, etc.]
- Paragraph 4
- In paragraph 4.B check for Leased or Not Owned Items [Solar System, Alarm System, Propane Tank, Water Softener, etc.]
- In paragraph 4.B check for Liened Items [Solar System, Windows, Doors, HVAC, etc.]
- Seller to provide to Buyer as part of the sales agreement, copies of leases or other documents obligating Seller to pay for such leased or liened items.
- Paragraph 5
- In paragraph 5.C specify which MLS(s) will be used.
- Check the box if property is out the area of the MLS you inputting to.
- Paragraph 6 “Box” – BENEFITS OF MLS – Both Seller and Agent to initial.
- Paragraph 7 – PUBLIC MARKETING OF PROPERTY
- Paragraph 7.A NAR Clear Cooperation Policy – Check applicable box.
- Paragraph 7.B – Explanation of Public Marketing with Clear Cooperation.
- Paragraph 7.C – Coming Soon – Check box if Seller does not want “Coming Soon” status used.
- Paragraph 7.D – (1) Seller instructs Broker when to start marketing Property or (2) may check box to NOT market the Property to the public. SELM is required if not on MLS within 1 business day.
- Note MLS rules require submission to MLS within 1 business day unless using SELM.
- SELM must be signed by Seller & Team Leader and uploaded to Command.
- Listing Agent to send email to the Board of Realtors with SELM as a PDF attachment.
- Copy of confirmation back from Board of Realtors is also to be uploaded to Command.
- Paragraph 8 – If chosen use form SELI to filter what goes out from MLS to third party website [electing not to show property address, ability to write comments/reviews on those sights, or automatic estimates of value].
- Paragraph 10.C (2) B – Do NOT have Seller check preference regarding Buyer Letters. If they wish to consult Contract Manager.
- Paragraph 10.E – Check appropriate boxes if Seller chooses to have inspections completed prior to marketing the Property.
- Paragraph 15-Check if the Seller does not wish to have a lockbox.
- Paragraph 16-Check if Seller does not want sign.
- Other Important Terms
- Paragraph 12-Agency-Spend adequate time to point out dual agency in-house off market sales.
- Paragraph 20 – Management Approval – allows for Broker or Manager right to cancel the Agreement within 5 Days. Make sure you submit to compliance within 1 business day so we can make sure that a mistake or term can be corrected.
- Paragraph 22.A & B. DISPUTE RESOLUTION – Now only includes MEDIATION.
- Paragraph 22.C. ARBITRATION ADVISORY – If Seller and Broker desire to include an ARBITRATION provision, need CAR form ARB [Arbitration Agreement].
- Paragraph 24 – If Seller is signing in a representative capacity – RCSD-S is required.
Seller and Listing Agent to sign and date Listing Agreement.