What is the difference between a Listing Agreement and a Buyer Representation Agreement?

The difference between a Listing Agreement and a Buyer Representation Agreement is an important one in residential real estate law in Delaware. A Listing Agreement is a contract between a real estate seller and a real estate broker, in which the broker agrees to list and promote the sale of the seller’s property. The broker typically collects a commission from the sale of the property. A Buyer Representation Agreement is a contract between a buyer and a real estate broker or agent, in which the agent agrees to represent the buyer in their search for a property to purchase. The buyer is typically charged a fee for this service. The primary difference between the two agreements is who is paying the fee. In the Listing Agreement, the seller is paying the brokerage fee, whereas in the Buyer Representation Agreement, the buyer is paying the fee. Both agreements also involve different levels of commitment and different obligations that the parties must meet. For example, a Listing Agreement typically requires the broker to market the seller’s property, whereas a Buyer Representation Agreement requires the agent to provide services such as researching properties for the buyer, negotiating terms of the deal, and providing advice and market knowledge.

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What is the difference between a Listing Agreement and a Buyer Representation Agreement?

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