If you have read this website sequentially, you will
appreciate the importance of an experienced and trustworthy
buyer’s agent in helping you find the right property and
negotiate the Florida real estate system.
Well, exactly the same is true when selling – and your best
ally in the sales process will be a seller’s agent with the
same kind of experience.
There are however critical considerations you need to be
aware of which in certain circumstances should make you very
wary of using the agent you bought the house through - we
cover these points in our briefing sessions. Another major
problem Brits are not aware of in the present market are the
hidden implications of new properties.
THE LISTING CONTRACT
Once you have found a real estate professional you want to
use as your agent, We can advise you of those with a good
track record) you will sign a listing contract with them.
Also referred to as a listing agreement, this authorizes
them to act on your behalf in the sale of your property.
Listing contracts vary greatly, but there are some
characteristics that are common to all.
Any valid listing contract must be in writing and should include:
- Employment. The listing contract is a personal services contract between you and
the broker. It contains all of the terms and conditions that relate to you employing the
broker and authorizing them to represent you in marketing and selling your property.
- Compensation. For any contract to be valid, there has to be
compensation which basically means, if I do this, you will do
that. The listing contract will specify the amount and timing of payment to your
broker. Typically, payment is a percentage of the sales price, payable at closing.
It is important to note that your obligation to pay your broker may not absolutely depend
on a finalized sales transaction. If the broker finds a genuine buyer who is willing to
pay your asking price and agrees to the terms you have offered, but you for some reason
you decide not to sell to them, the broker has done his job and is entitled to be paid
under the terms of the listing contract.
- Title. All listing contracts will ask who has title to the property. Property
can't be sold unless everyone who holds title interest in the property is part of the
sale.
- Termination Date. The most common duration of a listing contract is 180 days, but
you shouldn't sign any listing contract that doesnt have a specific termination date
including contracts that include terms such as until sold. The listing
contract is a legally binding document and you don't want to get locked into one with no
clearly defined termination date.
If the contract expires before your home sells and you still want to keep using the same
broker, you can simply sign a new contract.
TIME
TO PROMOTE
The listing contract is the permission your agent needs to start marketing your home by
listing it on the MLS database and any other promotional methods they have at their
disposal; leaflets and brochures, websites, print advertising, etc.
For your part, you have to be prepared for viewings at any time. Especially if you are not
currently living in the property, agents will usually have access to show prospective
buyers around at any time.
SETTING THE PRICE
Your agent will initially do a Comparative Market Analysis (CMA) that will show the
listing price of similar houses in the area as well as the prices at which the houses
actually sold.
Remember that all agents have access to the central MLS, so they can also look at how many
similar properties are currently on the market and how many have been recently offered but
were never sold.
The agent combines these factors with the influence of other market conditions that may be
local (is it a buyers or sellers market in this region) and national (interest
rates for example) plus your needs with regard to speed of sale and price, to arrive at a
recommendation of the price at which your property should be listed.
BEWARE
There are many concerns we have resulting from the problems
we have dealt with over the past ten years when Brits have
sold their Florida property, which is why we have designed a
briefing course to take you through all the points you need
to be wary of - if you don't have the time for this we can
at least suggest Realtors with a good track record. Sadly
there are some agents who just focus on obtaining the
listing but then do little to actually obtain a sale, this
may sound odd but as agents are self employed in Florida it
is often their own money they need to use to carry out
marketing/advertising not the Company who they shelter under
- think about it!
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