ContractsIntermediateDelaware Exam

What is the difference between an 'exclusive right to sell' listing and an 'exclusive agency' listing in Delaware?

ABoth are identical — the terms are interchangeable in Delaware
BIn an exclusive right to sell, the broker earns commission regardless of who sells the property; in an exclusive agency, the owner may sell themselves without paying the brokerCorrect
CAn exclusive agency listing gives the broker the right to sue the seller for breach if the seller sells on their own
DAn exclusive right to sell listing cannot be terminated before expiration; exclusive agency listings can be terminated at will

Why In an exclusive right to sell, the broker earns commission regardless of who sells the property; in an exclusive agency, the owner may sell themselves without paying the broker Is Correct

Answer B: In an exclusive right to sell, the broker earns commission regardless of who sells the property; in an exclusive agency, the owner may sell themselves without paying the broker

Exclusive right to sell: the broker earns commission regardless of who procures the buyer — even if the owner finds the buyer themselves. Exclusive agency: the broker earns commission only if they (or a cooperating broker) procures the buyer — the owner retains the right to sell without owing commission.

Exam Tip: Contracts

Contract questions frequently test the essential elements required for a valid contract. Remember: competent parties, mutual consent, lawful object, and sufficient consideration. Watch for void vs. voidable distinctions.

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