Selling your lot or land can be a complex matter if you
are not familiar with some of the basic terminology and customs.
Having a general understanding of common Real Estate practices
can make a world of difference in how smoothly your sale will go.
Here are some basic concepts you should know and understand.
A Real Estate Agent's Role: Sub-Agency and Buyer's Agency
Seller Sub-Agency:
Agency relationships in residential real estate
sales were once very different. An owner of real estate signed
an agreement and the real estate agency (the listing firm) listed
the property. The listing firm and all its affiliated agents were
the agents of (or worked for) the seller because of the listing
agreement. Other brokers and salespersons affiliated with other
real estate firms frequently became involved in efforts to sell
the property as a result of the listing firm's advertising (which
eventually led to the development of the MLS system). At this point,
all agents involved either as the listing agency or the selling
agency (the agency who actually sells the property by bringing
the buyer) were legally considered to be subagents of (or worked
for) the seller. What this means is that the buyer had no representation
of their own.
Buyer's Agency:
This concerned property buyers greatly, and eventually
a new age of agency relationships was born: buyer's agency. Under
this type of agreement buyers now have their own agents representing
them in the sales transaction. The buyer agency agreement is the
one most commonly used today.
When selling your lot or land, keep in mind that there are these two different forms
of agency relationships: seller sub-agency (both the listing agency and the
selling agency work for you - the seller) and buyer agency (the listing agency
works for you and the selling agency works for the buyer). When a real estate
agent brings a buyer to show your lot or land, they are required by law to disclose
what kind of agency agreement they have with the buyer. This lets you know
exactly who the agent is working for and your position in the matter. The
agent will either be the buyer's agent (working for the buyer) or a sub-agent
(working for your interests). As the listing agency, we are always working
toward your interests.
Listing Agreements:
Exclusive Right to Sell vs. Exclusive Agency
Regarding listing agreements themselves, there are
two main types of Listing Agreements which you will run into when
deciding to list your land or lot for sale with any Real Estate agency.
These are the Exclusive Right to Sell Listing Agreement and the
Exclusive Agency Listing Agreement.
Exclusive Right to Sell Agreement:
This agreement is most commonly found with full service
real estate agencies. The agreement gives the listing agency the
right to be the "exclusive" agency for the marketing and listing
of your property. It also gives them the right to collect a commission,
even if the owner finds their own buyer. This means you
pay a listing agency commission no matter who sells your land or lot and
you will most likely pay a buyer's agency commission as well. Together
you may pay 6% or more of the sales price.
Exclusive Agency Agreement:
Under this agreement the seller still employs one
agent (this is what the term "exclusive" means) to list their land or lot.
Under this type of Agreement, the owner reserves the right to sell
the property on their own without paying a listing commission.
Carolina Land Listing.com uses an Exclusive Agency Listing Agreement,
so you maintain the right to sell your land or lot yourself. We waive the
right to collect a commission even if we find the buyer for you (via the
MLS system,
seller sub-agents or buyer's agents). By company policy we never act as a
buyer-agents for buyers. In other words we, by choice, limit our services
to listing properties only. And we charge no listing commission, period.
List your land or lot with Carolina Land Listing.com and enjoy the savings!