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Rainmaker
894,690
Candice A. Donofrio
Next Wave RE Investments LLC Bullhead City AZ Commercial RE Broker - Fort Mohave, AZ
928-201-4BHC (4242) call/text

This is a trick question right? The person with the exclusive does.
Now did you bring the buyer? And are you and the agent w the exclusive in the same MLS? You may be entitled to the co- broke.

May 08, 2018 07:59 AM
Rainmaker
611,146
Eve Alexander
Buyers Broker of Florida - Orlando, FL
Exclusively Representing ONLY Orlando Home Buyers

An open listing means that anyone one can sell it...so if the seller signs an exclusive with another agent you are SOL...

Eve

May 08, 2018 09:24 AM
Rainmaker
5,571,886
Barbara Todaro
RE/MAX Executive Realty - Retired - Franklin, MA
Previously Affiliated with The Todaro Team

the agent with the exclusive right to sell gets the commission..... 

an open listing is an "empty bag"....

May 08, 2018 08:43 AM
Rainmaker
1,525,305
Sybil Campbell
Fernandina Beach, FL
Referral Agent Amelia Island Florida

That's why I don't take open listings.

May 08, 2018 08:30 AM
Rainmaker
4,209,382
Wayne Martin
Wayne M Martin - Chicago, IL
Real Estate Broker - Retired

The agent with the exclusive collects and the one with the open listing loses!

May 08, 2018 09:20 AM
Rainmaker
1,109,295
Kevin J. May
Florida Supreme Realty - Hobe Sound, FL
Serving the Treasure & Paradise Coasts of Florida

Nothing if you were not the agent that brought the ready, willing and able Buyer to contract and if the Seller also has not accepted same. Open Listings afford no commission protection to any brokerage unless you provide that one simple facet.

May 08, 2018 08:57 AM
Rainmaker
542,809
Greg Large
ERA Real Solutions - Grove City, OH
A Tradition of Trust

first question what happens?: You learn not to take open listings.

second question: ERS Broker is paid and Buyers Broker if applicable.

May 08, 2018 08:38 AM
Rainmaker
1,899,324
Bob "RealMan" Timm
Ward County Notary Services - Minot, ND
Owner of Ward Co Notary Services retired RE Broker

I like Candice A. Donofrio 's answer. I've never done an open listing, I don't see much purpose in it.

May 08, 2018 11:17 AM
Rainmaker
5,586,517
Ron and Alexandra Seigel
Napa Consultants - Carpinteria, CA
Luxury Real Estate Branding, Marketing & Strategy

We agree with the ever so wise, Candice A. Donofrio .

May 08, 2018 09:38 AM
Rainmaker
529,295
Diana Dahlberg
1 Month Realty - Pleasant Prairie, WI
Real Estate in Kenosha, WI since 1994 262-308-3563

Sorry, but the open listing is not the way to go.  The Exclusive Listing wins.

May 08, 2018 10:35 AM
Rainmaker
2,641,652
Richie Alan Naggar
people first...then business Ran Right Realty - Riverside, CA
agent & author

One learns quickly learns about open and exclusive listings first hand

May 08, 2018 10:13 AM
Rainmaker
6,606,395
Roy Kelley
Realty Group Referrals - Gaithersburg, MD

Go by the terms of your written agreement.

May 08, 2018 08:42 AM
Rainmaker
888,887
Annette Lawrence , Palm Harbor, FL 727-420-4041
ReMax Realtec Group - Palm Harbor, FL
Making FLORIDA Real Estate EZ

The ______   ___________________ will take ____________________over the ______________ established by the __________________ and intention of _____________________   ___________________.

This response redacted becuase it is unknown if the one submitting the question has the knowledge, education or experince to use such information responsibly or understands the scope or terminology within the question properly.  Solved with a profile.

Who is entitled to be paid is one question.

Who actually gets paid depends on the backbone of their respective broker.

May 08, 2018 08:06 AM
Rainmaker
1,707,423
Joe Pryor
The Virtual Real Estate Team - Oklahoma City, OK
REALTOR® - Oklahoma Investment Properties

I have never done an open listing in residential real estate.

May 08, 2018 11:25 AM
Rainmaker
4,042,729
Richard Weeks
Dallas, TX
REALTOR®, Broker

If worth proceeding it would be time to lawyer up.  For the record we don't do open listings.

May 08, 2018 08:18 AM
Ambassador
5,408,079
Bob Crane
Woodland Management Service / Woodland Real Estate, EXP - Stevens Point, WI
Forestland Experts! 715-204-9671

Next time it would be best to insist on an exclusive agreement like the other agent did.

unless you sold it or showed it to the buyer I dont see you getting any money here.

but talk to your broker, maybe your states laws are different.

May 08, 2018 05:22 PM
Rainmaker
1,153,550
Sam Shueh
(408) 425-1601 - San Jose, CA
mba, cdpe, reopro, pe

Rule number is never take an open listing. Even with exclusive listing if the sellers wants to cancel you should stipulate seller will pay you a commission if he chose to work with another person or agent.

May 08, 2018 01:51 PM
Rainmaker
556,588
Lynnea Miller
Bend Premier Real Estate - Bend, OR
Premier Real Estate Service in Central Oregon

I have never worked with an open listing as there is no guarantee you will get paid. We always use exclusive right to sell. 

May 08, 2018 12:41 PM
Rainmaker
4,116,781
Nina Hollander, Broker
Coldwell Banker Realty - Charlotte, NC
Your Greater Charlotte Realtor

What is an open listing agreement? Only an agent under an exclusive right to sell (operative words here -- exclusive right to seel) can sell and receive a commission.

May 08, 2018 11:52 AM
Ambassador
4,257,353
Debe Maxwell, CRS
www.iCharlotteHomes.com | The Maxwell House Group | RE/MAX Executive | (704) 491-3310 - Charlotte, NC
The right Charlotte REALTOR!

The Exclusive Right to Sell trumps the Open Listing Agreement in both of the states that I work in (NC & SC).

May 08, 2018 10:50 AM
Rainmaker
1,596,596
Valeria Mola
SIB Realty - Miami, Sunny Isles Beach - Sunny Isles Beach, FL
305-607-0709 SIB Realty Condos for Sale and Rent

Always sign ER for sale.

Nov 01, 2018 04:45 PM
Rainer
140,360
Richard L. McKinney P.A.
Atlantic Shores Realty Expertise - Port St Lucie, FL
For Results that MOVE you on the Treasure Coast!

You are SOL my friend. Your seller met a "salesperson"

May 08, 2018 04:46 PM
Rainmaker
4,433,693
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

Legal question.

May 08, 2018 03:22 PM
Rainmaker
3,466,115
John Pusa
Berkshire Hathaway Home Services Crest - Glendale, CA
Your All Time Realtor With Exceptional Service

Many great responses.

May 08, 2018 02:53 PM
Rainmaker
4,099,156
Michael Jacobs
Pasadena, CA
Los Angeles Pasadena 818.516.4393

Hmm.  A hypothetical question?  Real life?  School? 

May 08, 2018 01:47 PM
Ambassador
2,570,787
Fred Griffin Florida Real Estate
Fred Griffin Real Estate - Tallahassee, FL
Licensed Florida Real Estate Broker

  The exclusive.

May 08, 2018 01:37 PM
Rainmaker
2,062,524
Evelina Tsigelnitskaya
SIB Realty - Sunny Isles Beach, FL
www.SIBRealty.org 305-931-6931

Question was answered with great answers.

Nov 01, 2018 05:03 PM
Rainmaker
4,938,383
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

I only do exclusive right to list contracts.

May 10, 2018 01:21 PM
Rainmaker
4,799,491
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Who sold it?  Who brought the buyer?

May 09, 2018 05:28 AM
Rainmaker
3,069,984
Tony and Suzanne Marriott, Associate Brokers
Serving the Greater Phoenix and Scottsdale Metropolitan Area - Scottsdale, AZ
Haven Express @ Keller Williams Arizona Realty

You are SOL...

May 09, 2018 05:14 AM
Rainmaker
3,331,180
Scott Godzyk
Godzyk Real Estate Services - Manchester, NH
One of the Manchester NH's area Leading Agents

An open listing is just that. SO unless you stated in it that you get paid if anyone else sells it, you would have had an exclusive and got paid. But if you took a foolish open listing, instead of telling them why an exclusive is in their best interest having them sign said exclusive, you are out in the cold. 

May 09, 2018 05:08 AM
Ambassador
4,312,759
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Well said Barbara Todaro - An open listing is an EMPTY BAG!

May 08, 2018 09:41 PM
Rainmaker
3,985,865
William Feela
WHISPERING PINES REALTY - North Branch, MN
Realtor, Whispering Pines Realty 651-674-5999 No.

I agree with the other commenters...

May 08, 2018 07:40 PM
Rainmaker
1,230,031
Thomas J. Nelson, REALTOR ® e-Pro CRS RCS-D Vets
Big Block Realty 858.232.8722 - La Jolla, CA
& Host of Postcards From Success Podcast

You get the lesson, they get the commission.

Why would you sign anything but exclusive? 

May 08, 2018 07:11 PM
Rainer
482,447
Bruce Kunz
C21 Solid Gold Realty, Brick, NJ, 732-920-2100 - Howell, NJ
REALTOR®, Brick & Howell NJ Homes for Sale

I've heard of open listings but never seen one in our area. I don't know why anyone would be a part of one...
Bruce

 

May 08, 2018 07:02 PM
Rainer
86,464
Mike Kelly,CRS,CIPS
The MJKelly Team - Santa Rosa, CA
"One of Sonoma County's Natural Resources"

You are out of luck brother! An open listing can be signed as many times to as many agents as the seller wants. There is NO notification needed if he sells it. Tell me this was NOT you!?

May 08, 2018 06:53 PM