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A vendor can list their property with as many agents as they wish, but listing with only one agent is not necessarily a sole agency. Authority for the agent to sell as the “sole agent” must be given by the vendor, in writing. A specified time period for the sole agency should be clearly defined.
A sole agency precludes all other agents from working on the sale of the property, although another agent may approach the sole agent if they have a suitable client. Even then the sole agent would tie up the deal.
The type of property being offered and the demand for it at the time dictates the length of time for which a sole agency is given. On a healthy market it may be no more than a month. However, where the market is slack, or the home is of a special type such as a large house with a multitude of rooms, the period of time may be three or four months.
The main benefit of a sole agency is the obligation it places on the agent to provide a sale. The agent is bound to work harder to sell the property and, according to a code of ethics, to use skilled and energetic services. If an agent is unable to perform in this manner then the sole agency should not be accepted.
Another aspect of a sole agency is that the selling agent and staff are the only people who will bring clients through. This may be desirable where the vendor wants the utmost discretion and privacy while the sale is taking place.
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