Open listing: Which statement is true?

• A. Owner may employ number of agents to find the purchaser
• B. Commission is paid to the agent who is the effective cause of the sale
• C. Owner can sell the house himself and the commission is not payable
• D. Brokerage promises to use best efforts to locate a ready, willing and able purchaser

Answer: (A)

Open listings are non-exclusive agreements, meaning the seller can hire multiple agents to market the property. Because there’s no single exclusive broker, several brokers can be out there trying to find a buyer at the same time. The commission goes to the broker who actually produces a ready, willing and able purchaser who closes, which fits the idea of multiple agents all seeking a buyer. The other statements are not reliable in this open-listing context: the idea of paying the “effective cause” of the sale is complicated when more than one broker is involved; the seller selling on their own may or may not trigger a commission depending on whether a broker procured a buyer; and promising to use best efforts is a broad requirement not unique to open listings.