What should I consider when “co-listing” or doing “co-brokerage” with an agent from another firm?

QUESTION: Our firm has a listing that’s getting more attention from buyers in another MLS area. The listing agent would like to “co-list” the property with an agent from another brokerage firm who belongs to that MLS to increase exposure and share the workload. The idea is that both agents would actively market and service the listing, but the seller would still only pay one commission that the two firms would split between themselves. Is there a standard NC REALTORS® form that can be used for this type of co-listing? Can both firms be reflected on the same MLS entry? Would the seller need to sign two separate listing agreements, or can the other agent simply be added as a “co-listing agent”? And finally, what’s the best way to handle compensation and disclosures in this type of arrangement?

ANSWER: There is no standard form in the NC REALTORS®’ library to facilitate a co-listing between two different brokerage firms. However, this type of arrangement may be possible if it is properly structured and allowed by MLS rules.

Before proceeding, there are several important things to consider.

First, both agents should check with their respective MLSs to confirm whether co-listing is allowed and whether there are any special requirements for the agency agreement, entering the listing into the service, and identifying the firms and agents involved.

Second, both firms need to ensure compliance with the License Law. In these co-listing arrangements, each firm will owe full agency duties to the seller, including the duty to discover and disclose material facts. This means both firms could face liability for the acts or omissions of the other. To reduce confusion and risk, all agents involved should have a clear understanding of who will handle advertising, showings, and negotiations. It is also important that each firm’s name appear in all advertising in a way that is accurate and does not cause confusion to prospective buyers.

If after considering the foregoing each firm still wishes to proceed, then each firm may execute its own Exclusive Right to Sell Listing Agreement (Form 101) with the seller. The listing agreements will each need custom addenda to address the co-listing arrangement.

The custom addenda should, at a minimum, include clarification as to advertising obligations, the total compensation to be paid by the seller, each firm’s split of the commission, cooperative compensation (if any) in each MLS market, and any other issues that may arise. Given the complexity of some of these issues, strong consideration should be given to having an attorney help draft the custom addenda to Form 101.

In addition to Form 101, the co-listing firms may want to have a custom, separate written agreement between themselves. This agreement can cover some of the issues above in more detail and may additionally address how marketing expenses will be shared, liability for damages to the property or to a person touring the property, and detail about how listing responsibilities may be divided. Again, strong consideration should be given to attorney assistance to help prepare this separate agreement.

Release Date: 10/9/2025

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