Open listings must be written to be enforceable, even in Florida.

Outline:

• Hook: In Tampa’s fast-moving market, an open listing can seem like a smart play—more eyes on your property, more potential buyers. But is it enforceable if it isn’t written down?

• What an open listing is (and how it differs from other listing types)

• The core question and answer: No, it must be written to be enforceable

• The legal backbone: why Florida and many other places require writing for real estate contracts (Statute of Frauds, Chapter 475 references)

• Why a written listing protects everyone: clarity on terms, commissions, and responsibilities

• Verbal agreements: when they show up, when they don’t, and why you shouldn’t count on them

• Practical guidance for Tampa sellers and brokers: what to include in a written listing, and how to avoid disputes

• A few practical tips and closing thoughts

Is an open listing enforceable if it’s not written? Let’s check the facts, straight and simple.

What exactly is an open listing?

Imagine you’re selling a home in Tampa. An open listing is a type of listing agreement where the owner lets multiple brokers market the property. The kicker? The seller only pays a commission to the broker who actually brings the buyer who closes the deal. It sounds fair in a busy market, right? More exposure, and only one broker walks away with a check. But here’s the thing: in practice, an open listing is not a contract you can rely on unless it’s written down.

The big question and the plain answer

Question: Is an open listing enforceable if it is not written?

Answer: No. It must be written to be enforceable.

That’s the short, regulatory truth. An open listing, in real estate terms, is a listing agreement. It outlines who’s authorized to market the property, what happens if a buyer is found, and how the commission is earned. Without a written document that lays out those terms, there’s a real risk of confusion, dispute, and even no payout at all.

Why the law wants writing for real estate agreements

Most folks who study Florida real estate quickly learn about the Statute of Frauds. In Florida, and in many other states, real estate contracts have to be in writing to be enforceable. This isn’t about bureaucratic hoop-jumping; it’s about clarity and accountability. The writing provides:

• Clear evidence of the terms: what property, who represents whom, who’s paying, and for how long.

• A foundation for expectations: time frames, showing instructions, marketing rights, and termination rights.

• A safer path for everyone involved: sellers, brokers, buyers, and lenders.

In Florida, listing agreements typically fall under this framework. The risk of relying on an oral agreement increases when you’re dealing with a property transfer—a decision with big dollars and long-term consequences. So the writing requirement isn’t a nuisance; it’s a protection.

Why a written listing matters in real life, especially in Tampa

Here’s the practical side. When you have a written open listing, you’re doing more than just ticking a box. You’re:

• Defining who can market the home and how aggressive that marketing will be.

• Specifying the commission arrangement so there’s no mystery at settlement time.

• Setting a timeline, showing directives, and clarifying what happens if the property doesn’t sell.

• Creating a record that can be reviewed if a dispute arises—this isn’t about mistrust; it’s about reducing friction.

Without that written record, disputes can pop up. A seller might claim they never agreed to a particular commission, or a broker might say they should be paid even though another broker proved more effective in bringing a buyer. A judge or mediator would have to untangle those memories, which rarely ends well for anyone.

Verbal agreements have pockets of enforceability, but not in this arena

There are a few rare contexts where verbal agreements may carry some weight. In real estate, though, listing agreements are almost always treated as real contracts that require writing for enforceability. In practice, that means don’t count on an oral promise to pay a commission just because you shook hands. The real protection comes from a written document detailing every important element.

What a solid written open listing should cover (in Tampa)

If you’re working with a seller who wants an open listing, or if you’re a broker outlining terms, here are the core elements to include in writing:

• Property description: full address, legal description, and any notable boundaries or exclusions.

• Parties involved: the owner’s name and the broker’s agency, plus any co-broker details if multiple brokers are involved.

• Listing period: start and end dates; note renewal procedures if applicable.

• Marketing authority: what channels can be used, any preferred showing times, and restrictions.

• Commission terms: how much, when it’s earned, and whether multiple brokers are involved. Include what happens if a buyer is introduced by a broker after a certain date or outside a specific listing.

• Obligation and duties: who is responsible for advertising costs, showings, and negotiations.

• Termination terms: how either party can end the listing, with or without cause, and what notices are required.

• Disclosures: known defects, material facts, and any other required disclosures by Florida law.

• Signatures: all parties’ signatures and dates, plus digital signing options if you’re using DocuSign or similar tools.

• Governing law: Florida state law, with a nod to local realities in the Tampa market.

In Tampa, using standard forms from trusted sources (like Florida Realtors) can help ensure you’ve covered the usual bases. Digital platforms are common now, so electronic signatures are not only acceptable but practical for closing timelines.

Common pitfalls to dodge

• Relying on a verbal promise about commission: it’s easy to believe will-be-enforced, but it’s not reliable.

• Skipping renewal or termination details: without them, you can be locked into a long, costly agreement or stuck with a listing you don’t want.

• Vague terms about who can show the property or how it’s marketed: vague terms equal room for disagreement.

• Not specifying what happens if a buyer is introduced by a third party or after the listing ends: these dragons show up in disputes later.

A practical mindset for Tampa licensees and homeowners

If you’re a seller in the Tampa region, remember: you’re asking a broker to invest time, money, and energy into promoting your home. If you don’t put your promise in writing, you’re asking for guesswork about rights and compensation. If you’re a broker, the written agreement is your best shield against miscommunication and late-night “he said, she said” moments.

A few tips to keep things smooth

• Start with a standard form, then tailor it. Use Florida Realtors' templates and add the specifics you agreed on.

• Include a clear, mutual understanding of who is entitled to market the property and under what conditions.

• Use reliable signing tools to preserve your agreement’s integrity. Platforms like DocuSign, dotloop, or other reputable e-signature services are widely accepted and legally solid.

• Keep copies for all parties. Digital backups aren’t enough if someone claims they never received the document.

• When in doubt, consult your broker or a real estate attorney. A quick review can save a lot of headaches later.

A final reflection: the common-sense rule behind the law

Here’s the practical takeaway: an open listing is a tempting, high-exposure approach in a seller’s market. But without a written agreement, you’re walking into a fog. The Statute of Frauds isn’t a fancy brick wall—it’s a guardrail to keep everyone honest, aligned, and protected when big financial decisions are on the line. In Tampa, as in the rest of Florida, the safest path is to put the listing in writing, with clear expectations, documented terms, and a plan for handling the inevitable twists that come with selling a home.

If you’re navigating the local landscape, a well-drafted written listing isn’t just a form; it’s a shared understanding that helps you move from listing to closing with fewer surprises. And when you have that in place, you can focus more on the human side of real estate—the value of a home, the stories it holds, and the people who make it theirs.

In short: no, an open listing isn’t enforceable if it isn’t written. Put it in writing, and you create clarity, fairness, and a smoother path from “for sale” to “sold” in Tampa’s vibrant real estate scene.