Glossary · Transactions

Exclusive right to sell

Definition

Exclusive right to sell is the traditional listing form, as the Federal Trade Commission describes it, in which an owner appoints a broker as exclusive agent for a set period and agrees to pay a commission when the property sells, whether the broker or the owner caused the sale. No Virginia statute or regulation defines it; the signed agreement's terms govern.

Updated September 14, 2026 · Sources · General information, not legal, tax or lending advice
Side by side

Two exclusive listings, separated by who may find the buyer

Set the Federal Trade Commission's two descriptions next to each other. In an exclusive right to sell listing, the owner owes the listing broker a commission when the property sells, whether the broker or the owner caused the sale. In an exclusive agency listing, the broker is still the owner's exclusive agent, but the owner keeps the right to sell without extensive help from the listing broker. The term on this page names the first of the two.

The two exclusive listing forms as the Federal Trade Commission describes them
Exclusive right to sellExclusive agency
Who holds the listingOne broker, appointed for a set period as exclusive agentThe listing broker, as the owner's exclusive agent
If the owner causes the saleThe commission is still owed when the property sellsThe owner keeps the right to sell without extensive help from the listing broker
How the broker is paid, per the FTCA commission if and when the property is soldOften an up-front fee; the broker may receive a reduced commission, or none, if the owner sells without the broker's further help
Both columns restate FTC press releases from 2006 and 2007. Neither column is a Virginia rule.

The phrase that carries the whole difference is the FTC's own: under the traditional form the commission is owed regardless of whether the broker or the homeowner caused the sale. One broker holds the appointment either way. The forms part company over the sale the owner makes without that broker, and the FTC's descriptions of how the broker is paid follow from that one difference.

Where the terms live

Virginia defines neither form, so the agreement's own words govern

Neither Virginia's brokerage relationship statute nor the Real Estate Board's regulations define exclusive right to sell or exclusive agency by those names. The labels are trade usage, described by a federal agency, and what binds an owner is the paper.

That paper is the brokerage agreement, which the trade calls a listing agreement on the seller's side. Va. Code 54.1-2137 requires it to carry the fee terms and any other terms the client and the licensee agreed to, and the exclusive part of a listing, with any exception written into it, lives in those terms rather than in the name at the top of the form. The full list of what the statute requires is set out in what a Virginia brokerage agreement has to include.

So two forms both headed exclusive right to sell can read differently where it counts. The heading suggests which traditional pattern the paper follows; the fee terms are where the paper says what happens if the owner sells without the broker.

During the term

What one appointed broker for a set period means while the land is listed

The set period is when the appointment does its work, and the questions an owner brings to the paper during it are practical ones.

The sharpest test of the difference is a sale to an adjoining owner. The FTC's description of the traditional form does not carve that sale out, but the description is not the agreement, and a real agreement's fee clause is what answers it. That case is worked through in listing land and still selling to a neighbor.

An owner who lives far from the land reads the same clauses with different questions in mind, about signing, showings and closing from a distance. How a listing runs when the owner is in another state is answered in working with owners who live out of state.

Who a tract is put in front of during the term is covered in how land is marketed to builders, and whether lowering the price partway through the term works against the listing is weighed in whether a price drop hurts a listing.

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Which listing form would your tract go on the market under?

The form, and what it says if you bring the buyer yourself, is settled in the draft agreement. Describe the tract and raise those terms with Lowell before you sign. No cost, no obligation.

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Questions

Questions about this term

Is exclusive right to sell the only kind of listing?

No. The Federal Trade Commission calls it the traditional type and describes another, the exclusive agency listing, which makes the listing broker the owner's exclusive agent but gives the owner the right to sell without extensive help from that broker. Virginia's statute defines neither form by name, so the terms of any listing are whatever its written brokerage agreement says.