NY Real Estate Brokerage Listing Agreements

The law firm of Barry R. Gogel, has extensive experience with brokerage agreements in New York City, including the five boroughs Manhattan, Brooklyn, Queens, Staten Island and the Bronx.  Mr. Gogel’s office represents various types of selling arrangements, such as acting as the seller’s agent, buyer’s agent, and dual representation.  The most common of these is the listing broker agent acting as the seller’s agent.

If you plan to sell your residential property and you want to use a real estate agent/broker to assist you, it is imperative that you are aware of exactly what a brokerage agreement or listing is and what it should contain. A real estate brokerage contract or listing agreement is a real estate contract between a seller and real estate broker that covers the broker’s obligations with respect to finding a buyer for the seller’s home in most cases.  This listing agreement contains items such as the price of the property, terms of sale, and specific responsibilities of the listing agent and the seller.  The type of agreement that you signed with the listing agent/broker can, in some cases, have a negative impact on your sales prospects.

Our law firm has experience in several different kinds of listing agreements and will advise as to both their positive and negative aspects, with respect to their implications of timely selling your home, and meeting your ultimate selling goals.

With an open listing agreement, the listing agent/broker retains the right to bring prospective buyers to see your home. If the buyer purchases your home, the broker/listing agent gets a sales commission.  This listing is not always preferred by brokers and may limit the number of buyers that the broker brings by your home.  This is because you can sign a listing with as many brokers and listing agents as you desire, with the broker that finally sells the property getting all of the commission, despite the fact that other brokers put in the time and effort to bring people by your home.  For the seller, the risk is that you get locked into an agreement with an agent that doesn’t perform.

With then Exclusive Agency Listing also known as an exclusive right to sell listing which is also known as an open listing. The listing broker lists, on the MLS (Multiple Listing Service) and markets your home and receives a seller’s commission if your home sells through any real estate company or other broker.  Without any type of listing agreement you can also look for buyers on your own, in which case you won’t owe the broker commission.  However, this could greatly limit your exposure to sellers.

The most common type of listing is an Exclusive Right to Sell Listing.  In this particular brokerage agreement the listing broker receives a commission, whether or not they find the buyer, and that includes you, even if you find a buyer for your residential real estate property.

A less utilized brokerage agreement is known as a One-Time Show Listing.  With this agreement a broker can show the residential property to a specific potential buyer who is referred to by name in the listing agreement, and the broker is only guaranteed a sales commission, if the house sells to That specific buyer.

A popular brokerage listing agreement involves Multiple Listing. This is where several individual real estate listing brokers pool their each of their respective exclusive listings together.  To utilize the MLS (Multiple Listing Service) broker provides relevant listing information about the seller’s real property, to the local Multiple Listing Service (MLS) office.  This listing service office, then coordinates this with other listings submitted by other members of the listing service.  These listings are then published and made available to all MLS members, any one of whom can sell any of the listed properties.  If the property sale is accomplished by a broker other than the broker who took the initial listing, the sales commission is then divided between the listing broker and the selling broker.  Very often your home or other real estate property will usually be sold quicker than when a cell utilizes other listing method.


The law office of Barry R Gogel is well versed in all types of listing brokerage agreements, including those in New York City.  Aside from the property seller’s name and property address many rights and responsibilities, of all parties are set forth in listing agreements:

  • Price and Terms of Sale
  • Type of Listing
  • Length of Listing Time
  • What Personal Property Goes with the House
  • What Fixtures and Appliances Aren’t Included
  • Amount of Commission and When it Will Be Paid, Usually When the Transaction Closes.
  • Whether Your Home Will Be Listed with the Local MLS
  • Advice on whether the lease and the location are a good fit for business purposes.
  • Guide you through the lease process from beginning to end
  • Specific Responsibilities of the Broker (Showing, Open Houses, Advertising and Other Marketing.
  • Whether a Lockbox Will Be Used to Show the House
  • What Hours and Days the House Is Available for Showing
  • Under What Circumstances You Can Take the House off the Market
  • Under What Circumstances You Can Terminate the Listing Agreement
  • How You Will Resolve Any Disputes (Arbitration, Mediation, Small Claims Court)
  • A Review of Sales Agreements.
  • Determine what lease options are available and perhaps necessary
  • Cooperative and Condominium units
  • Office space
  • Retail space
  • Industrial Properties
  • Multifamily Residential Properties
  • Bulk sales of cooperative
  • Letters of intent

There are several implications to signing they brokerage agreement, and there are scenarios that if the seller agrees to the sale price of the purchaser, the listing broker will often the purchaser to sign sales agreement documents and binder, which also constitute a binding contract.  This may sound innocuous but it is not, as a listing broker is generally hired to establish a meeting of the minds between the buyer and seller.  Therefore, if the listing broker accomplishes this meeting of the minds between the buyer and seller, they may still be due and owed their commissions, having met their contract shall obligations, even if one of the parties backs out and the real property not transferred, which commissions the listing broker can enforce in a Court.  Before signing such sales agreement binding documents, it is imperative that an experienced law firm such as ours, reviewed the documents.  In fact, we instruct our clients not to sign any brokerage sales agreement, but rather that to let our experienced law firm draft these formal contracts. Generally the best practice for a seller is to have the agreement specify that the commission is not due unless a closing takes place and the property is transferred, or upon the wilful default of the seller.

Generally with a binder, which is a more simple document, setting forth the purchase price, down payment, mortgage amount, time of closing, personal property included in the sale, and specifically stating that it is subject to an engineer’s inspection and attorney review, is acceptable. The attorney will use this binder document to prepare a more formal contract of sale.  It must be noted that you shouldn’t sign a binder if it is Friday afternoon and the binder gives you three (3) days to have your attorney review it.  The binder should reflect that it is subject to attorney review, without the time constraints.

With Mr. Gogel’s 20 years of New York City broker listing agreement experience, you could rest assured that he will read every word of the broker listing agreement diligently and carefully, while making absolutely sure that you understand each of the terms of the listing agreement, before you commit yourself by signing it.


With our law firm’s extensive with real property development, leasing, sales and purchases of real property in New York City, our law firm works with “time is of the essence” and diligence, and we take the time to understand the details our clients goals which is crucial to successful projects. which saves the client both time and money, while completing our clients real estate transactions, achieving our clients goals. Mr. Gogel has more than 20 years of experience representing clients in complex commercial and residential real estate transactions. His clients have valued and relied upon his New York real estate law related knowledge, his ability to navigate the complexities that one often finds when dealing in the New York City real estate market.


The adage, “The Devil’s in the Details”, is especially true when it comes to commercial financing. Joint venture partners and Investors, and financial institutions, require that they need to be fully informed and need to know to the extent possible, exactly what’s involved when making real property financing and investment decisions and seeking commercial investments, in a detailed well-organized and clear way, demonstrating the feasibility of the complex real property transactions.

If you need a law firm with established credentials in real estate practice, you welcome to meet with the New York City law firm of Barry R. Gogel, today.

The Gogel law firm always gets the job done and I continue to use them for all of my real estate law related mattersJoe Green

Some Of Our Law Firms Typical Types of Transactions

International Media Company

In Connection with leasing of 50000+ office and video editing space in the New York Metropolitan area and the relocation of its news bureau in ManhattanInternational Media Company

Representated a Private School

     With respect to its development of a five story school in Manhattan, involving a complex ground lease, development and bond financing structure.

Private School

Representated a Developer / Borrower in $45 Million Financing Transactions

This Construction financing allowed for the building of their newest senior facility.

Developer / Borrower
Represented a regional bank as Construction Lender

These transactions, often very complex, also include such diverse matters as a New Jersey retail development, warehouse development and a Manhattan condominium conversionRegional Bank

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