Is an open listing enforceable if it is not written?

An open listing is a type of real estate listing agreement where a property owner allows multiple brokers to market the property, and only pays a commission to the one who successfully finds a buyer. In most jurisdictions, including Florida, real estate contracts are generally required to be in writing to be enforceable, especially those that are associated with the sale of real property due to the Statute of Frauds.

This legal requirement is in place to provide clear evidence of the agreement's terms and to protect the interests of both parties involved. Without a written agreement, it can be challenging to prove the specifics of the listing or the expectations between the seller and the broker, which could lead to disputes.

While there are certain situations where verbal agreements can be enforceable in specific contexts, for an open listing in real estate, having it in writing is essential to ensure that all terms are clearly defined and legally binding. This necessity for a written agreement aligns with the overarching principles of contract law related to real estate transactions.