Key takeaways
- A net listing can pose serious conflicts of interest, as agents may prioritize personal profit over the seller’s best outcome.
- They’re illegal in most states, with only a few like California, Texas, and Florida permitting them under strict regulations.
- Violating net listing laws can lead to severe penalties, including license loss, lawsuits, and potential fraud charges.
- Safer options like standard commissions and seller’s net sheets provide clearer, fairer, and more transparent compensation structures.
When selling a home, one of the most important decisions a property owner makes is the type of listing agreement they sign with their real estate agent. Most sellers are familiar with standard commission models, but there’s another, more controversial option called a net listing.
Net listings, though rare and even illegal in most states, occasionally come up as an alternative way to compensate real estate professionals. However, they come with significant legal, ethical, and financial risks that are imperative to understand. So whether you’re looking for homes in San Diego, CA or houses in Chicago, IL, In this Redfin real estate guide, we’ll break down what a net listing is, why it’s so controversial, and whether it’s the right choice for you in today’s market.
What is a net listing?
A net listing is a type of listing agreement where the seller sets a bottom-line price, and the real estate broker keeps any amount above that price as their commission. The broker’s commission is then the difference between that minimum amount, called the “net”, and the actual sale price.
So essentially, the seller sets a bottom-line price, and the real estate broker keeps any amount above that price as their commission. This model can be appealing to sellers who need to clear a specific amount from the sale, but it introduces potential conflicts of interest that make it highly controversial.
How net listings work
The structure of a net brokerage agreement is simple in theory but complex in practice. Here’s how it typically works:
- Seller sets a minimum price: The homeowner decides the lowest amount they’re willing to accept for the property.
- Broker aims for a higher sale price: The real estate agent markets the property and negotiates with buyers.
- Commission equals the difference: Any amount above the seller’s minimum price becomes the broker’s commission.
Example:
Let’s say a homeowner signs a net listing agreement with a broker:
- Net price (minimum amount seller wants): $500,000
- Final sale price: $575,000
- Broker’s commission: $75,000
While this might seem like a win-win with the seller getting their desired price and the broker being motivated to negotiate a higher sale price, the model’s potential for abuse is significant.
What makes net listings controversial?
Despite their straightforward structure, net listings are controversial and often discouraged for several reasons:
1. Conflict of interest
In a net listing, the broker’s financial gain is directly tied to how much more than the seller’s minimum price they can secure. This creates a situation where the broker may prioritize their profit over the seller’s best interest. In some cases, a broker might even discourage offers close to the net price to push for a higher sale, which could delay the sale or reduce competitive bidding.
2. Potential for unfair dealings
A less experienced seller might not know the property’s fair market value. If they set the net price too low, the broker could sell the property quickly and make an outsized commission — potentially tens or even hundreds of thousands of dollars — without necessarily maximizing the seller’s profit.
3. Limited exposure
Because of their structure, net listings cannot typically be listed on the Multiple Listing Service (MLS). This means the property may have limited exposure to potential buyers, potentially leading to fewer offers and a lower sale price overall.
4. Unpredictable costs
Unlike a gross listing (standard commission model), where the seller knows the percentage they’ll pay, net listings can result in much higher-than-expected commissions if the property sells for more than anticipated.
Consumer protections and legal status
One of the most important things to know about net listings is that they’re illegal in most states. Regulators view them as inherently risky and prone to abuse, so most jurisdictions have banned or heavily restricted them.
States where net listings are legal (with conditions)
In a few states, net listings are legal but heavily regulated, often requiring that the seller is experienced or represented by an attorney, explicitly requests a net listing in writing, and that full disclosure is made about the property’s market value and the broker’s potential compensation.
The table below shows the few states in which net listings are permitted by law. In all other states, they are outright prohibited due to ethical concerns.
| State | Status | Conditions |
| California | Legal with restrictions | Sellers must be knowledgeable and provide explicit consent. |
| Texas | Legal with restrictions | Brokers must act in the seller’s best interest and disclose market value. |
| Florida | Rare but possible | Must follow strict disclosure and consent rules. |
Legal consequences of violating net listing laws
Signing or executing a net listing agreement in a state where it is illegal can lead to serious legal consequences for both the agent and the seller. These may include:
- Loss of license: Real estate professionals caught using net listings illegally risk losing their license or facing disciplinary action from state real estate commissions.
- Civil liability: Sellers may sue brokers if they believe they were misled, underpaid, or defrauded through a net listing.
- Contract voidance: Courts may invalidate net listing agreements altogether, leaving both parties without legal recourse in the event of a dispute.
- Criminal charges: In extreme cases involving fraud or misrepresentation, brokers could face criminal penalties.
Because of these risks, most brokerages have internal policies outright forbidding net listings, even in states where they’re technically legal.
Net listing vs. open listing and other agreements
It’s worth understanding how net listings compare to other types of listing agreements. The most widely used listing agreement is the exclusive right-to-sell listing, where the agent earns a set commission regardless of who sells the property. Other common options include:
- Open listing: Multiple agents can market the property, and only the one who brings a buyer earns a commission.
- Exclusive agency listing: The seller can avoid paying commission if they find a buyer themselves.
- Gross listing (standard commission): The broker’s fee is a pre-agreed percentage of the sale price.
Compared to these, a net listing stands out as the least predictable and most legally complex option.
Tips for navigating a net listing agreement (If legal in your state)
If you’re in one of the few states where net listings are legal and you still want to explore this option, here are some critical steps to protect yourself:
- Hire an attorney: Always consult a real estate attorney before signing a net listing agreement.
- Get a market valuation: Obtain an independent appraisal or comparative market analysis (CMA) to understand your home’s true market value.
- Set a realistic net price: Avoid setting your minimum too low; this is where sellers often lose the most money.
- Include a commission cap: Negotiate a maximum commission percentage to limit the agent’s earnings.
- Insist on full disclosure: Demand transparency about buyer offers, marketing strategies, and the broker’s expected commission.
Is a net listing the right choice for you?
For most sellers, the risks of a net listing agreement outweigh the potential benefits. However, in rare cases — such as when a seller is highly experienced, knows the property’s value, and wants to guarantee a specific net return — it might be worth considering with strong legal representation.
Before signing any agreement, make sure to consult with a real estate attorney to understand state laws, review comparable sales to estimate your property’s fair market value, ask about alternatives to ensure you’re choosing the most transparent and equitable compensation structure.
Net listing alternatives
If you’re concerned about the risks of a net listing, consider safer, more transparent alternatives. A standard commission agreement offers a clear, fixed percentage of the sale price, ensuring both seller and agent share the goal of achieving the best market value without hidden incentives.
Another option is a seller’s net sheet, which provides a detailed estimate of your expected proceeds after expenses and commissions. This tool helps you understand your bottom line upfront, offering transparency and confidence throughout the selling process — without the potential conflicts of interest often associated with net listing agreements.
FAQs about net listings
In what states are net listings illegal?
Most U.S. states prohibit net listings due to conflict-of-interest concerns. Exceptions include states like California, Florida and Texas, which allow them under strict conditions. Check your state’s real estate commission website.
What is an example of a net listing agreement?
If a seller sets a net price of $500,000 and the property sells for $575,000, the broker’s commission would be $75,000.
Why is a net listing illegal?
Because the broker’s commission is tied directly to the difference between the sale price and the net price, there’s a strong potential for unethical behavior and conflict of interest.
Are net listings allowed in MLS?
Generally, no. Properties under net listing agreements cannot be listed on the MLS, limiting exposure to buyers.
Will filing a net listing save on commission fees?
Not necessarily. In fact, you could end up paying more than you would under a standard commission structure.