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An owner personally finds a buyer during a listing term, without assistance from any broker. How does that fact affect an exclusive-agency listing compared with an exclusive-right-to-sell listing? Explain the textbook distinction without assuming that every signed agreement contains identical commission terms.

Staff Q&A from the 63Hours team.

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Under the usual exclusive-agency arrangement, the owner preserves the ability to sell independently without owing the listing commission. Under an exclusive right to sell, an owner-found buyer generally does not remove the agreed commission obligation. Both arrangements are exclusive as to employing a listing broker; the difference is the owner's reserved self-sale right.

The California DRE's agency reference chapter explains these general listing categories. Its terminology is useful here, but California-specific legal requirements are not being substituted for Florida law.

Worked example: Assume a 90-day listing, a $360,000 sale and an individually negotiated $8,000 listing fee payable on a completed sale under the agreement. On day 40, the owner independently meets a buyer through a personal contact. No broker introduced or assisted that buyer, and the sale closes during the term.

With an ordinary exclusive-agency agreement reserving that self-sale right, the owner-found transaction does not trigger the listing commission. Change only the agreement to an exclusive right to sell, with no applicable exclusion, and the $8,000 fee remains payable under those assumed terms. The calculation is not a percentage exercise; it is a contract-trigger exercise.

Pitfall: Finding the final signature is not necessarily the same as independently procuring the buyer. A broker may have introduced the buyer earlier. Named-buyer exclusions, protection periods and the precise earning/payment clauses can also change the result. A real dispute requires the actual agreement and transaction facts.

For Florida, section 475.25(1)(r) identifies required contents of written listing agreements, including the fee or commission. Nothing in this example establishes a standard commission rate.

Review the Chapter 12 contracts guide and Chapter 12 practice.

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