What is the difference between exclusive right to sell and exclusive agency?
Exclusive right to sell and exclusive agency are two types of residential real estate agreements in South Dakota. Exclusive right to sell is an agreement that gives the real estate broker the exclusive right to sell a property. The exclusive right to sell agreement gives the broker or real estate company the full authority to list the property, to market and advertise the property, and to negotiate the sale of the property for a specified period of time. The real estate broker is then entitled to receive a commission, regardless of whether or not they found the buyer for the property. Exclusive agency is similar to exclusive right to sell, but the real estate broker or company only has the exclusive right to represent the seller if they find the buyer. In an exclusive agency agreement, if the seller finds the buyer for the property, then no commission is due. But if the broker, agent, or real estate company finds the buyer, then the broker is entitled to a commission. The key difference between exclusive right to sell and exclusive agency is that in exclusive right to sell, the broker is always entitled to a commission, whereas in exclusive agency, the broker is only entitled to the commission if they find the buyer.
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