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Many states disfavor net listings because they tend to create a conflict of interest between the seller and the agent. The seller may unknowingly underestimate the value of the property, resulting in an unfair windfall for the agent.
In California, net listings are legal however the following policy needs to be adhered to: [Net listings] can easily lead to a bdocHub of the agents fiduciary obligations and should be used only with highly sophisticated clients, or clients who are independently represented and, of course, with full disclosure of all
Net listing is illegal in many states because it represents a conflict of interest between the agent and the seller. The net listing agreement gives the agent an incentive to sell the property for as low as possible, rather than getting the best possible price for the seller.
The elements that make up a listing agreement. Names, addresses, and contact information for both the owner and the agent. The time period in which the property will be listed for sale. The listing price of the property. The type of listing agreement being entered into.
Are net listings legal? As the above example illustrates, net listings are ripe for abuse. Because real estate agents have a fiduciary duty to serve their clients interest, net listings are widely considered unethical and illegal in all but three states: California, Texas, and Florida.
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Under a net listing agreement, the seller agrees to pay the broker a commission based on a percentage of the final sales price of the property regardless of how much the property sells for. This arrangement is typically used when the property is listed at a low price and the seller is motivated to sell quickly.
A net listing can create a conflict of interest between the brokers fiduciary responsibility to the seller and the brokers profit motive, so it is illegal in many states and discouraged in others.
Are net listings legal? As the above example illustrates, net listings are ripe for abuse. Because real estate agents have a fiduciary duty to serve their clients interest, net listings are widely considered unethical and illegal in all but three states: California, Texas, and Florida.

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