Changing agency in an Exclusive Right to Sell Agreement

Q: Can an ERS (Exclusive Right to Sell Agreement) be modified to change the designated agent once signed by the seller?

A: Yes. To accomplish this use the “Addendum to Exclusive Right to Sell List Agreement & Agency Disclosure (UAR 34)” clarifying the new agency arrangement. All parties to that contract must authorize this change.

ALSO: IF the home is already under contract you must get approval from the buyer of that contract to make an agency change in the REPC as well.

Also read section 5. of the Exclusive Right to Sell agreement:  See below

5. AGENCY RELATIONSHIPS. 5.1 Duties of a Seller’s Agent. By signing this Listing Agreement, the Seller designates the Seller’s Agent and the Principal/Branch Broker for the Company (the “Broker”), as agents for the Seller to locate a buyer for the Property. The Seller authorizes the Seller’s Agent or the Broker to appoint another agent in the Company to also represent the Seller in the event the Seller’s Agent or the Broker will be unavailable to service the Seller. As agents for the Seller, they have fiduciary duties to the Seller that include loyalty, obedience, full disclosure, confidentiality, reasonable care, and any other duties required by law.