Which of the following can be described as a nonexclusive listing agreement that gives multiple brokers (and owners themselves) the right to sell…

An open listing is a non-exclusive brokerage agreement. Under this arrangement, the property owner may enter into agreements with multiple brokers simultaneously. The owner also retains the right to sell the property independently. A commission is earned only by the broker who is the "procuring cause" of the sale—meaning they are the one who ultimately finds the buyer who completes the purchase. If the owner sells the property without the aid of any broker, no commission is owed.

A. net listing: This defines a compensation method where the broker receives any amount over a seller-specified net price, not the type of agency relationship or exclusivity.

B. exclusive right-to-sell agreement: This is an exclusive contract where the listing broker earns a commission regardless of who sells the property, including the owner.

D. exclusive agency agreement: This is an exclusive contract with one broker, but it allows the owner to sell the property themselves without paying a commission. It does not permit multiple brokers.

1. Virginia Real Estate Board, Virginia Real Estate Pre-Licensing Education Curriculum. The state-mandated curriculum for salesperson licensing outlines the different types of listing agreements. The definition of an open listing is a non-exclusive agreement where the seller may employ any number of brokers and is only obligated to pay a commission to the broker who successfully produces a ready, willing, and able buyer. (See Module 6: Real Estate Agency, Section on Types of Listing Agreements).

2. Code of Virginia, § 54.1-2137. A. (Brokerage relationship). While the code does not explicitly define "open listing," it establishes the framework for brokerage agreements, which are then defined by common law and industry practice as taught in the required curriculum. The concept of "procuring cause" is a fundamental common law principle applied to these agreements.

3. Gaddy, J. T., & Hart, J. N. (2022). Virginia Real Estate: Practice & Law (11th ed.). Dearborn Real Estate Education. In the chapter on "Listing Agreements," an open listing is explicitly defined as a nonexclusive listing given to any number of brokers, with the commission being paid only to the broker who is the procuring cause of the sale. The owner may also sell the property and not owe a commission.