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Breaking an Exclusivity Clause If you break the terms of an exclusivity clause and sell for or purchase goods from another vendor, the penalties could be extremely harsh. At best, the company you have signed the agreement with could cancel the terms and require that you pay for the products you have agreed to purchase.
Dual agency is allowed in North Carolina and every other state in the country. It can be quite convenient and lucrative for the broker because the broker gets to keep the entire commission.
The primary difference between exclusive agency and exclusive right-to-sell relates to commission fees. In an exclusive agency listing, the seller only pays fees if the agent sells the property. In an exclusive right to sell agreement, the seller must pay realtor fees regardless of if the property is sold.
"Exclusive right to sell" is a type of listing contract you enter into with a real estate agent. Put simply, it says that the signing agent is the only person allowed to market and sell your property for a certain amount of time.
In North Carolina, a licensed real estate agent is not permitted to act for more than one party in a transaction without disclosing to all parties the nature of the dual agency relationship.
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As with an exclusive right-to-sell listing, the exclusive right-to-buy variation contains provisions stating a broker fee is to be paid by the buyer \u2014 unless the seller agrees to pay the fee \u2014 when the buyer acquires property of the type described in the buyer's listing during the term of the listing or safety period.
A provisional broker shall be supervised by only one broker-in-charge at a time except that a provisional broker may be supervised by no more than two brokers-in-charge of two licensed affiliated firms located in the same physical location and acting as co-listing or co-selling agents in real estate transactions.
The main difference between exclusive right to sell and exclusive agency listing comes down to the agent's commission. If you are solely dependent on the broker to find potential buyers, it is better to go with an exclusive right to sell agreement.
The exclusive right to represent is the most common buyer/broker agreement. This agreement outlines the obligations of the broker/agent relationship, and the buyer's responsibilities. With this contract, the buyer cannot retain more than one broker. It also sets the commission amount to be paid.
In an exclusive right-to-sell agreement, the seller will be responsible for paying the realtor fees even if they find the buyer completely on their own. With an exclusive agency listing, the seller will only pay fees in the event the realtor finds the final buyer.

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