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Question
a written listing agreement must include a(n):
release of liability
earnest money deposit
advance fee
fixed expiration date
Identify the legal requirements for a written listing agreement
Under Alabama license law (and general real estate law), a written listing agreement is a bilateral contract that must contain specific essential elements to be valid and enforceable. One of the primary statutory requirements is that it must have a definite, fixed expiration date. Automatic renewal clauses are generally prohibited.
Evaluate the given options
- Release of liability: Not a standard or legally required component of a listing agreement.
- Earnest money deposit: This is associated with a purchase agreement (offer to purchase), not a listing agreement between a seller and a broker.
- Advance fee: Not required; many listing agreements do not involve any upfront or advance fees.
- Fixed expiration date: Legally mandated to prevent indefinite listings and protect the consumer.
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- (A) Release of liability
- (B) Earnest money deposit
- (C) Advance fee
- (D) Fixed expiration date (Correct answer)