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Texas Agency LawListing_agreements_txHARD

Broker Thompson lists a property and includes a provision in the listing agreement that the commission will be 'whatever the market standard is at the time of closing.' Under TREC rules, is this commission provision valid?

Correct Answer

C) No, because the listing agreement must specify a definite commission amount or a clear method to calculate it

Under TREC rules, the listing agreement must specify a definite commission amount or a clear method of determining it. A vague reference to 'market standard' does not provide the specificity required.

Answer Options
A
Yes, because it defers to market standards which provides flexibility
B
Yes, as long as TREC has published the current market standard rate
C
No, because the listing agreement must specify a definite commission amount or a clear method to calculate it
D
No, because only flat-fee commissions are permitted in Texas listing agreements

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Related Topics & Key Terms

Key Terms:

commissiondefinite_termslisting_agreementvague_provision

Related Concepts

An agency relationship created by a clear, explicit agreement between the principal and agent, either orally or in writing.

The highest legal obligation of trust and confidence owed by an agent to their principal, requiring the agent to act solely in the principal's best interest.

An agency relationship where the agent agrees to act on behalf of the principal without receiving compensation.

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