What is the difference between exclusive right to sell and exclusive agency?

The difference between exclusive right to sell and exclusive agency in South Carolina residential real estate law is the degree of power and control that the broker has in the sale of the property. In an exclusive right to sell agreement, the broker has the exclusive right to list and sell the property and may receive a commission even if the owner finds a buyer without the help of the broker. By contrast, in an exclusive agency agreement, the broker has the right to list and sell the property, but in order to receive the commission, the broker needs to find the buyer. In an exclusive right to sell, the broker is legally obligated to use their best efforts to sell the property. Typically, real estate agents will use a variety of marketing techniques to advertise the property and may also assist with negotiating the contract and closing the deal if needed. In an exclusive agency, the broker is usually paid an upfront fee and will list the property, but the seller is generally responsible for finding a buyer and closing the sale. In South Carolina, the choice between exclusive right to sell and exclusive agency depends on the needs and goals of the seller. Exclusive right to sell may be more expensive, but it guarantees the commission to the broker no matter what. Exclusive agency’s upfront fee is usually cheaper, but the seller will need to be very active in finding a buyer and closing the sale.

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What is the difference between exclusive right to sell and exclusive agency?

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