Key Takeaways
- Kansas listing agreements must be in writing to be enforceable under the Statute of Frauds
- The three main types are Exclusive Right to Sell, Exclusive Agency, and Open Listing
- Listing agreements must include the property description, price, term, and commission terms
- Net listings are legal but discouraged due to potential conflicts of interest
- The listing belongs to the broker, not the individual salesperson
Last updated: January 2026
Kansas Listing Agreements
Listing agreements in Kansas establish the terms under which a broker will market and sell a property. These agreements must comply with Kansas law and KREC regulations.
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Types of Listing Agreements
1. Exclusive Right to Sell
The most common and protective type for brokers:
| Feature | Description |
|---|---|
| Commission earned | If property sells by ANY source |
| Broker exclusivity | Only one broker |
| Owner can sell | Yes, but still pays commission |
| Most common | Yes, preferred by brokers |
2. Exclusive Agency
| Feature | Description |
|---|---|
| Commission earned | If property sells through any agent |
| Broker exclusivity | Only one broker |
| Owner can sell | Yes, without paying commission |
| Common | Less common than Exclusive Right |
3. Open Listing
| Feature | Description |
|---|---|
| Commission earned | Only if that broker procures buyer |
| Broker exclusivity | None—multiple brokers possible |
| Owner can sell | Yes, without paying commission |
| Common | Least common, least favorable |
Net Listings
| Feature | Details |
|---|---|
| Definition | Broker keeps all over a set net amount |
| Legal in Kansas | Yes, but discouraged |
| Risk | Potential conflict of interest |
| Recommendation | Use sparingly with full disclosure |
Exam Tip: Net listings are legal in Kansas but create conflicts of interest because the broker benefits from higher prices at the seller's potential expense.
Required Listing Agreement Elements
Kansas listing agreements must include:
| Element | Requirement |
|---|---|
| Property description | Legal description or street address |
| Listing price | Seller's asking price |
| Commission terms | Amount or percentage |
| Expiration date | Definite termination date |
| Broker information | Broker's licensed name |
| Signatures | Seller(s) and broker |
| Terms of sale | Financing, contingencies |
Written Requirement
Under the Statute of Frauds, listing agreements must be:
| Requirement | Details |
|---|---|
| In writing | Oral listings not enforceable |
| Signed | By all parties with ownership interest |
| Definite terms | Clear and unambiguous |
Listing Ownership
The Listing Belongs to the Broker
| Principle | Application |
|---|---|
| Broker owns listing | Not the salesperson |
| Salesperson leaves | Listing stays with broker |
| Commission disputes | Resolved between brokers |
Multiple Listing Service (MLS)
| Feature | Description |
|---|---|
| Purpose | Share listings with other brokers |
| Cooperation | Offer compensation to buyer's brokers |
| Not required | MLS membership is voluntary |
| Seller consent | Required for MLS submission |
Termination of Listings
How Listings End
| Method | Description |
|---|---|
| Expiration | End date reached |
| Completion | Property sells and closes |
| Mutual agreement | Broker and seller agree to cancel |
| Death | Of either party (in most cases) |
| Destruction | Property destroyed |
| Bankruptcy | Either party files bankruptcy |
Protection Periods
| Feature | Description |
|---|---|
| Purpose | Protect broker's commission after expiration |
| Typical length | 90-180 days |
| Application | For buyers broker introduced |
| Override | Usually voided if seller lists with new broker |
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Test Your Knowledge
Under which type of listing does the broker earn a commission regardless of who sells the property?
A
B
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D
Test Your Knowledge
What happens to a listing when the salesperson who obtained it leaves the brokerage?
A
B
C
D