shinnslist

The listing appointment with real numbers (CMA, net sheet, listing contract)

Practical Application · 4 study hours

Bottom line: At a listing appointment you give the brokerage disclosure first, justify the price with adjusted comps, show the seller a net sheet, and sign a written listing with a definite end date.

Maya (from the last lesson) has an appointment with Dana and Leo, who own a 3-bedroom house in Louisville, Colorado. They hope to list it at $575,000. Here is how she handles the hour, step by step.

Step 1: prepare before you go

Maya pulls the public record and MLS facts: 2,100 square feet, 3 bedrooms, 2.5 baths, updated kitchen, two-car garage, no finished basement. A CMA (comparative market analysis) is her written estimate of what the home should sell for, built by comparing it to similar homes that recently sold. It is not an appraisal; an appraisal is a licensed appraiser's formal opinion of value for a lender. She also checks active and pending listings to see what buyers can choose from today.

Step 2: the brokerage disclosure comes first

Before she asks Dana and Leo about confidential matters, such as why they are selling or their lowest price, she gives the written brokerage disclosure (C.R.S. 12-10-408; Rule 6.5.A). The disclosure must tell them that different relationships are available: seller agency, buyer agency, or transaction-broker (C.R.S. 12-10-408(1)(c)). "Small talk" about price range or property style does not need it first (Rule 6.5.B). Unless a single-agent relationship is set up in a written agreement, a broker is treated as a transaction-broker (C.R.S. 12-10-403(2)). So if the sellers choose seller agency, the written listing agreement is what creates it. Maya describes the Commission-approved disclosure form by its title and lets them read it; she does not paraphrase it from memory.

If she is a seller's agent she is a limited agent. She must follow the written agreement, use reasonable skill and care, show good faith and loyalty, seek a price and terms acceptable to the seller, present all offers promptly, disclose adverse material facts she actually knows, and counsel them on benefits and risks (C.R.S. 12-10-404(1)).

Step 3: build the CMA

Maya picks three comps (comparable sales: similar homes close by that sold in roughly the last six months). She then makes adjustments: she adds dollars to a comp that is worse than the subject house and subtracts dollars from one that is better, so each comp is made to look like the subject. The result is the adjusted price.

Her market data says one square foot is worth about $110 here, a dated kitchen costs about $12,000 of value, a third garage bay adds about $8,000, a finished basement adds about $20,000, and prices have risen about 1% in the last three months.

CompSold priceAdjustmentsAdjusted price
A: 2,000 sq ft, dated kitchen$560,000+$11,000 (100 sq ft smaller) +$12,000 (kitchen)$583,000
B: 2,250 sq ft, 3-car garage$595,000-$16,500 (150 sq ft larger) -$8,000 (extra bay)$570,500
C: 2,100 sq ft, finished basement, sold 3 months ago$590,000-$20,000 (basement) +$5,900 (1% market rise)$575,900

Average of the three adjusted prices: ($583,000 + $570,500 + $575,900) / 3 = $1,729,400 / 3 = $576,467, about $576,500. That supports a list price of $575,000. Maya also tells them the range: roughly $570,000 to $583,000.

Step 4: the seller net sheet

A seller net sheet shows the money the sellers will actually take home. A price alone misleads people. Maya lists every cost she can estimate. All of these figures are examples; each number is negotiable or depends on the deal and must be checked with the title company and the lender.

LineAmount
Sale price$575,000
Listing side fee (2.5%)-$14,375
Buyer side fee offered (2.5%)-$14,375
Mortgage payoff-$310,000
Owner's title insurance (example)-$1,800
Property tax owed through closing (June 30 closing, 181 of 365 days of a $3,400 yearly bill)-$1,686
Seller's closing fee share-$300
HOA transfer and document fees-$600
Net to seller$231,864

Check the math: $14,375 + $14,375 = $28,750; add $310,000 = $338,750; add $1,800 = $340,550; add $1,686 = $342,236; add $300 = $342,536; add $600 = $343,136. $575,000 - $343,136 = $231,864. The property-tax line is a prorated amount: $3,400 x 181 / 365 = $1,686.

Fees are negotiable between broker and client, so the net sheet uses what the listing agreement says, not a "standard rate".

Step 5: the Exclusive Right-to-Sell listing

The most common listing is the Exclusive Right-to-Sell: the sellers hire one brokerage and owe the agreed fee if the house sells during the listing, even if the sellers find the buyer themselves. Maya uses the Commission-approved form and points out the sections by title: the Brokerage Relationship, Compensation, Listing Period, and Property sections. Two legal points:

  • A seller listing must be in writing before any brokerage services are performed (Rule 6.14.C).
  • It must have a definite end date (Rule 6.14.D). Without a definite date the listing does not comply with the Rules.

If the contract is not performed, the relationship ends at the earliest of any agreed expiration, the parties ending it, or one year after the engagement (C.R.S. 12-10-409(1)(b)). Maya also asks if another listing is in force; if so, she asks for written confirmation that it has ended and, if they want out of it, tells them to talk to a licensed attorney (Rule 6.15.C-D).

Step 6: the Seller's Property Disclosure

Colorado has a Commission-approved Seller's Property Disclosure form. The sellers fill it in about what they know: roof, water intrusion, additions, defects. Maya explains that she herself must tell the buyer any adverse material facts she actually knows (C.R.S. 12-10-404(1)(c)(III)). Never advise a seller to leave something off. Facts about psychological stigma are a special case, which the seller's broker may not reveal without consent (C.R.S. 12-10-404(2)(e)).

Step 7: pricing talk and confidentiality

Dana asks, "Could we list at $620,000 and see?" Maya shows that no adjusted comp supports it. She explains that homes priced above the market often sit, then sell for less. The decision is theirs. As seller's agent she must not tell any buyer that the sellers would take less, why they are selling, or that they would accept other financing, unless the sellers consent (C.R.S. 12-10-404(2)(a)-(c)).

Example with real numbers

Review of the Louisville listing: list at $575,000, the CMA range $570,000-$583,000, a net of $231,864 at full price. If a buyer pays $565,000 instead, the fee lines fall to 5% x $565,000 = $28,250, and the other costs stay at $314,386 ($310,000 + $1,800 + $1,686 + $300 + $600). Net = $565,000 - $28,250 - $314,386 = $222,364. That is $9,500 less than the full-price net, though the price fell $10,000, because the fee shrinks with the price.

Law cited

Key terms

CMA
Comparative market analysis: a broker's estimate of value built from similar recent sales; not an appraisal.
Comp
A comparable sale: a similar nearby home that sold recently.
Adjustment
Dollars added to or subtracted from a comp's sold price to account for differences from the subject home.
Subject property
The home being priced.
Appraisal
A licensed appraiser's formal written opinion of value, usually ordered by a lender.
Seller net sheet
A list of estimated costs of selling that shows the cash the seller will take home.
Exclusive Right-to-Sell listing
A listing where one brokerage is hired and earns the fee if the property sells during the listing period, no matter who finds the buyer.
Brokerage disclosure
The written statement of the relationship a broker offers and the other relationships available.
Seller's Property Disclosure
A Commission-approved form where the seller states what they know about the property's condition.
Adverse material fact
A fact that would significantly affect value, or a person's decision, which a broker actually knows.
Proration
Splitting a recurring cost, like property tax, between buyer and seller by the days each owned the property.

Flashcards

When must the brokerage disclosure be given at a listing appointment?

Before discussing confidential information with the consumer (Rule 6.5.A).

What is a transaction-broker by default?

A broker is treated as a transaction-broker unless a written agreement sets up single agency (C.R.S. 12-10-403(2)).

What must every listing contain about time?

A definite termination date (Rule 6.14.D).

Must a seller listing be written?

Yes, before any brokerage services are performed (Rule 6.14.C).

How to adjust a comp that has more square feet than the subject?

Subtract value from the comp.

How to adjust a comp that is worse than the subject?

Add value to the comp.

What can a seller's agent not disclose without consent?

That the seller will take less, motivation, other financing terms, stigma facts (C.R.S. 12-10-404(2)).

Net to seller formula

Price minus fees, loan payoff, title, prorations and other costs.

Does the relationship end if the listing is never performed?

Yes, at the earliest of the agreed date, termination, or one year after engagement (C.R.S. 12-10-409(1)(b)).

CMA vs appraisal?

CMA is a broker's estimate. An appraisal is a licensed appraiser's formal opinion.

Quiz: 10 questions

Tap an answer. It shows right or wrong and opens the reason. Your score is saved in this browser and counts in the study app.

  1. At a listing appointment, when must Maya give the written brokerage disclosure?

    1. A After the contract is signed
    2. B Before discussing the sellers' confidential information
    3. C Only if the sellers ask for it
    4. D At closing
    Show answer and why

    Answer: B. Before discussing the sellers' confidential information

    The written disclosure comes before eliciting or discussing confidential information. Preliminary small talk about price range or style is not covered.

    4 CCR 725-1 Rule 6.5

  2. Comp A sold for $560,000, has 100 fewer square feet than the subject, and square feet are worth $110 each. What is the size adjustment?

    1. A -$11,000
    2. B +$1,100
    3. C +$100
    4. D +$11,000
    Show answer and why

    Answer: D. +$11,000

    The comp is smaller, so it is worse, so you add: 100 x $110 = +$11,000.

    General appraisal practice; C.R.S. 12-10-404(1)(c)(I)

  3. A broker with no written agreement setting up single agency is treated as what?

    1. A A seller's agent
    2. B A buyer's agent
    3. C A dual agent
    4. D A transaction-broker
    Show answer and why

    Answer: D. A transaction-broker

    A broker is considered a transaction-broker unless a written agreement sets up single agency. Dual agency is not available as a default.

    C.R.S. 12-10-403(2)

  4. Which listing feature is required for every listing contract?

    1. A A definite date for termination
    2. B A 6-month minimum term
    3. C A fixed 6% fee
    4. D A signed buyer
    Show answer and why

    Answer: A. A definite date for termination

    All listings must have a definite termination date. The law sets no minimum term and no fee.

    4 CCR 725-1 Rule 6.14.D

  5. Using the table, which pair of adjusted prices is correct for Comps B and C?

    1. A $570,500 and $575,900
    2. B $595,000 and $590,000
    3. C $611,500 and $604,100
    4. D $570,500 and $565,900
    Show answer and why

    Answer: A. $570,500 and $575,900

    B: 595,000 - 16,500 - 8,000 = 570,500. C: 590,000 - 20,000 + 5,900 = 575,900. The unadjusted prices are not adjusted.

    General CMA practice

  6. Which of these may a seller's agent NOT reveal without the seller's informed consent?

    1. A The house has 2,100 square feet
    2. B The seller will accept less than the asking price
    3. C The listing expires on a stated date in the MLS
    4. D The HOA's name
    Show answer and why

    Answer: B. The seller will accept less than the asking price

    A willingness to accept less is confidential. Size, MLS dates and HOA name are public facts.

    C.R.S. 12-10-404(2)(a)

  7. Sale price $575,000; total fees 5%; payoff $310,000; other costs $4,386. What is the net to seller? ($4,386 = $1,800 + $1,686 + $300 + $600)

    1. A $231,864
    2. B $256,614
    3. C $245,864
    4. D $260,000
    Show answer and why

    Answer: A. $231,864

    5% of $575,000 = $28,750. $575,000 - $28,750 - $310,000 - $4,386 = $231,864. The other choices forget a line.

    General net sheet practice

  8. A seller's property disclosure shows a past roof leak. The sellers ask Maya to tell buyers nothing. What does Maya's duty require?

    1. A Stay silent; the sellers decide
    2. B Disclose adverse material facts she actually knows to prospective buyers
    3. C Cancel the listing automatically
    4. D Tell only the buyer's lender
    Show answer and why

    Answer: B. Disclose adverse material facts she actually knows to prospective buyers

    A seller's agent must disclose adverse material facts actually known. The stigma exception does not cover a physical roof defect.

    C.R.S. 12-10-404(1)(c)(III)

  9. If a listing is never performed and no end date was agreed, the relationship ends at the latest how long after engagement?

    1. A 30 days
    2. B 90 days
    3. C One year
    4. D Two years
    Show answer and why

    Answer: C. One year

    The statute ends the relationship at the earliest of an agreed date, termination, or one year after the engagement.

    C.R.S. 12-10-409(1)(b)

  10. A CMA differs from an appraisal in which way?

    1. A A CMA is ordered by a lender
    2. B A CMA uses no sales data
    3. C A CMA is a broker's estimate; an appraisal is an appraiser's formal opinion
    4. D They are legally identical
    Show answer and why

    Answer: C. A CMA is a broker's estimate; an appraisal is an appraiser's formal opinion

    Brokers estimate value with comps; an appraiser's formal opinion is used by the lender. The CMA does use sales data.

    General practice

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