In which scenario would a broker not receive a commission if the property is sold?

Prepare for the TREC Law of Agency Exam. Study with multiple-choice questions and detailed explanations. Get confident for your test!

In an exclusive agency agreement, the broker has a contractual obligation to represent the seller and market the property, yet there is a crucial condition attached: the seller retains the right to sell the property independently without owing a commission to the broker. This means that if the seller manages to make a sale themselves without the broker's involvement, the broker will not receive any commission for that transaction.

This contrasts with other types of listings, such as the exclusive right to sell, where the broker would still earn a commission regardless of how the property sells. In an open listing, the seller can work with multiple brokers, and the one who brings a buyer first earns the commission, but that does not include sales made directly by the seller. A net listing complicates matters further but guarantees the broker a commission based on what they can sell the property for above a predetermined net amount to the seller.

Overall, the hallmark of an exclusive agency listing is that the seller's ability to sell the property independently directly influences the broker's commission prospects, making it the scenario where a broker would not receive a commission if the property is sold.

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