What Is a Net Listing When Selling a Home?
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- Richard Haddad Executive EditorCloseRichard Haddad Executive Editor
Richard Haddad is the executive editor of HomeLight.com. He works with an experienced content team that oversees the company’s blog featuring in-depth articles about the home buying and selling process, homeownership news, home care and design tips, and related real estate trends. Previously, he served as an editor and content producer for World Company, Gannett, and Western News & Info, where he also served as news director and director of internet operations.
If you’re exploring your options for selling a home, you might come across a term that raises some eyebrows: net listing. While it may sound like a straightforward approach, a net listing can come with serious risks for you as the seller.
This guide explains net listing, how it works, and why it’s often discouraged in favor of other, more common listing agreements. We’ll also provide examples so you can better understand why net listing is illegal in most states.
What is a net listing in real estate?
A net listing is a type of real estate agreement where the seller sets a minimum amount they want to receive from the sale of their home. Any amount above this minimum becomes the agent’s commission.
For example, if you set a net price of $300,000 and your home sells for $350,000, the agent would pocket the additional $50,000 as their fee. While this arrangement might seem appealing for sellers who prioritize simplicity, it can lead to conflicts of interest.
Since the agent’s earnings depend entirely on the sale price exceeding your net, it could incentivize them to prioritize their profit over your best interests.
Net listing agreement examples
Here are a couple of scenarios to illustrate how net listings might play out:
- Scenario 1: You agree to a net listing with a $200,000 minimum. Your agent finds a buyer willing to pay $275,000. The $75,000 difference becomes the agent’s commission, which far exceeds the typical percentage-based fee.
- Scenario 2: A seller sets a net price of $400,000. After negotiations, the buyer offers $405,000. The agent walks away with just $5,000 in commission, which may discourage them from putting in extra effort to secure better offers.
- Scenario 3: You inherit a home in a different state, and an agent tells you they’ll get you at least $500,000 for the property on a net listing agreement. You’re unaware of the home’s value, and the agent sells it for $650,000. The agent walks away with $150,000 compensation on a house that would normally involve a 3% commission of $19,500.
While these examples highlight potential outcomes, they also showcase why net listings can be problematic and why protections exist that either outlaw or restrict them.
Are net listings legal?
Net listings are illegal in most states due to the potential conflicts of interest they create. These agreements can lead to unethical practices.
In real estate, agents have a fiduciary responsibility to act in the best interests of their clients. A net listing undermines this responsibility, as it encourages the agent to focus on maximizing their earnings rather than securing the best deal for the seller.
Additionally, if the agent is also a Realtor — a member of the National Association of Realtors (NAR) — they are prohibited from using net listings under NAR’s Code of Ethics. Net listings are also forbidden on the Multiple Listing Service (MLS), the primary platform for real estate professionals to share and advertise properties.
While net listings are outright illegal in most states, they are subject to strict regulations in others that allow them, such as California, Texas, and Florida. But even in these states where they are allowed, net listings are rarely used due to their controversial nature.
Why should you avoid net listings?
While the concept of a net listing might seem appealing in certain situations, it comes with significant risks for you as the seller. Here’s why it’s best to steer clear of this arrangement:
- Conflicts of interest: Because the agent’s earnings are tied to the difference between your net price and the final sale price, their priorities might be very different than yours.
- Reduced buyer exposure: Net listings can’t be posted on the MLS, limiting the visibility of your property and potentially reducing the number of interested buyers.
- Unpredictable costs: You could end up paying far more in agent fees than you would with a standard commission structure, especially if your home sells for a much higher price than expected.
- Lack of professional standards: Since net listings are banned by organizations like the NAR and are illegal in most states, their use raises concerns about the professionalism and ethics of any agent who suggests this option.
Examples of more common listing agreements
As you can see, net listings can create more problems than they solve, making them a poor choice for most home sellers. Instead of a net listing, consider these more widely used and reliable listing agreements:
- Open listing: An open listing allows you to work with multiple agents to sell your home. Only the agent who brings the buyer earns the commission. While this agreement offers flexibility, it doesn’t guarantee that any agent will prioritize selling your property.
- Exclusive agency listing: With this agreement, you work with one agent, but you retain the right to sell the home yourself without paying a commission. This option is a middle ground between flexibility and professional representation, though it may still lead to conflicts if the agent feels their efforts aren’t rewarded.
- Exclusive right to sell listing: This is the most common type of agreement, where you grant one agent exclusive rights to market and sell your home. The agent earns a commission regardless of who finds the buyer. This arrangement incentivizes the agent to focus on securing the best deal for your property.
It’s important to choose the right type of listing agreement, but it’s equally important to choose the right real estate agent. In most cases, working with a trusted agent under an exclusive right to sell agreement is often the best way to achieve a successful home sale.
A top agent will prioritize your interests, offer expert advice, and use proven marketing strategies to get you the best price for your home.
How to find a top listing agent
To find a top-performing Realtor you can trust, start by researching agents with a solid track record in your area. Look for experience, positive reviews, and a deep understanding of your local market.
You’ll also want an agent with a high sale-to-list ratio, a metric (shown as a percentage) that compares the final sale price of a property to its original list price.
One of the best ways to connect with top-performing agents is through HomeLight’s free Agent Match platform. This tool analyzes over 27 million transactions and thousands of reviews to match you with qualified agents based on your unique needs.
Bottom line: Hire a trusted listing agent
Net listings may promise simplicity, but their risks far outweigh the benefits. From legal concerns to conflicts of interest, this type of agreement often creates more challenges than solutions.
Instead, focus on finding a trusted listing agent who will act in your best interests and guide you through a transparent, professional process.
Take the first step toward a better selling experience by using HomeLight’s Agent Match platform. Answer a few simple questions to get started today. With HomeLight, you can feel confident you have the right agent by your side and avoid the pitfalls of risky agreements like net listings.
Header Image Source: (lmphot/ Depositphotos)
Learn more
- Sellers: How to interview a listing agent
- Sellers: How to test your listing agent’s marketing plan
- Buyers: How to interview a selling agent when buying a house
- Buyers: What a selling agent should do for homebuyers
- Buyers and Sellers: How to buy a home before you sell