Types of Listing Agreements in Florida: Seller's Guide
A listing agreement is the contract between you (the seller) and a licensed broker that authorizes the broker to market your home. In Florida, there are three primary types: Exclusive Right to Sell, Exclusive Agency, and Open Listing. Each has different implications for how you pay commission and who can sell your home.
Exclusive Right to Sell
The Exclusive Right to Sell is the most common listing agreement in Florida. It gives one broker the exclusive right to represent you for a set period (typically 3–6 months). Under this agreement, the listing broker earns the commission regardless of who brings the buyer — even if you find the buyer yourself. Traditional full-service listings almost always use this agreement. Flat fee MLS services like Flat Fee MLS Sells also use an Exclusive Right to Sell agreement, but with $99 upfront instead of a 3% commission at closing. If you bring your own buyer, you still owe the flat fee you already paid, but no additional commission.
Exclusive Agency
An Exclusive Agency listing gives one broker exclusive marketing rights, but you retain the right to sell the property yourself without owing the broker a commission if you find the buyer independently. This type is less common in Florida because most brokers won't invest marketing time without guaranteed compensation. If a buyer agent brings the buyer, the broker earns the commission. If you sell directly (to a neighbor, friend, or someone who contacts you directly without an agent), you pay no commission.
Open Listing
An Open Listing allows you to list with multiple brokers simultaneously. Only the broker who brings the buyer earns a commission. Open listings are rare in Florida residential real estate because brokers won't place the property on the MLS (which requires an exclusive agreement) or invest marketing resources without exclusivity. They occasionally appear in commercial real estate or FSBOs with some broker involvement.
Common Questions
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