A listing agreement is a legal contract between you and your brokerage. It defines who represents you, what the brokerage is authorized to do, how long the relationship lasts, how the property will be marketed, and how compensation works.

The Agency Disclosure explains who represents whom in the transaction and what duties each agent owes to the client. A listing agent represents the seller and owes duties that include loyalty, confidentiality, disclosure, reasonable care, and an honest accounting.

• The Agency Disclosure establishes the legal relationship between you and the agent.
• The Residential Listing Agreement establishes the commercial terms of the relationship, including the listing type, price, term, marketing authority, and compensation.

The three common types are an Exclusive Right to Sell, an Exclusive Agency agreement, and an Open Listing. An Exclusive Right to Sell generally provides compensation to the brokerage if the property sells during the listing term, regardless of who finds the buyer.

An Exclusive Agency agreement allows the brokerage to represent and market the property while preserving your ability to sell the home yourself without paying a commission if you personally find the buyer. The exact terms depend on the agreement you sign.

An Open Listing allows you to work with multiple brokerages, with compensation generally paid to the brokerage that produces the buyer. Because the brokerage has less certainty that it will be paid, it may provide less marketing and support than it would under an exclusive agreement.

Usually, the list price can be changed during the listing term with the seller’s approval and the required written documentation. Your agent should explain why a price change is being recommended and show you the market evidence supporting it.

Listing agreements commonly run from approximately 90 days to six months, but the right term depends on your property, market conditions, preparation timeline, and selling goals. Ask what happens if the property has not sold when the agreement expires.

A holdover period is the time after a listing expires or is canceled during which the brokerage may still be entitled to compensation if a buyer introduced during the listing period purchases the property. Review the specific language in your agreement before signing.

Yes. Brokerage compensation is negotiable and is not set by law. Your listing agreement should clearly explain what your brokerage charges and how any buyer-agent compensation will be handled.

No. You are not required to pay a buyer’s agent. You may choose to offer compensation as part of your marketing and negotiation strategy, but the amount and terms should be discussed with your agent and documented in the purchase agreement.

Compensation is payment to a brokerage for real estate services. A seller concession is money the seller agrees to provide toward specified buyer expenses, such as closing costs, repairs, title fees, or other permitted costs. They are different arrangements and should not be confused.

A pre-listing inspection is an inspection ordered by the seller before the property is marketed. It can identify problems while the seller still has time to repair them, obtain estimates, disclose them, or price the property accordingly.

Disclosures and reports help identify and document facts that may affect a property’s value or desirability. They give the seller an opportunity to understand and address issues before accepting an offer and help the buyer evaluate the property during the transaction.

California sellers must disclose known material facts that could affect the property’s value or desirability. This may include known defects, previous repairs, water intrusion, unpermitted work, environmental conditions, and other significant property issues. Sellers should consult their agent and qualified legal professionals about specific disclosure questions.

Yes. California’s statewide disclosure rules are only part of the picture. Depending on the city and property type, sellers may also need to provide local reports, energy assessments, sewer compliance documents, sidewalk certifications, or rental-program information.

• Oakland requires a sidewalk inspection and compliance certification before a title transfer can be completed. Sellers may need to repair sidewalk defects or obtain a provisional certificate before closing. Oakland also has separate private sewer lateral permit and inspection requirements. (oaklandca.gov)
• Piedmont requires sellers to provide a City property records search and a city disclosure statement to the buyer at least 10 days before close of escrow. Piedmont also requires a qualifying home energy assessment prepared within the previous five years for covered properties. (piedmont.ca.gov)
• Berkeley requires sellers of covered residential properties to complete a Building Emissions Saving Ordinance energy assessment before listing, post the Home Energy Score in the MLS, and include the report with the disclosure and transfer documents. Berkeley’s requirements differ by property type, and the city also has separate rules for multifamily and commercial properties. (dev.berkeleyca.gov)
• Alameda participates in the regional Private Sewer Lateral program. A compliance certificate may be required when a property is sold, and owners are responsible for the private portion of the sewer lateral. Properties that have been or will be rented may also be subject to Alameda’s rent regulations, which must be disclosed to prospective buyers even if the property is not currently being rented. (alamedaca.gov)

These requirements are not always traditional seller disclosures. Some are certificates, inspections, reports, or city compliance documents that can affect timing, cost, and the buyer’s obligations after closing. Before listing, ask your agent to check the requirements for your specific city, property type, rental history, and planned transaction.