What is the primary difference between an exclusive right-to-sell agreement and an exclusive agency agreement?

The primary difference between an exclusive right-to-sell agreement and an exclusive agency agreement is that the exclusive right-to-sell agreement guarantees a commission to the listing agent regardless of who ultimately sells the property. This means that if the property is sold by anyone, including the seller themselves, the agent is entitled to their commission.

In contrast, an exclusive agency agreement allows the seller to retain the right to sell the property themselves without incurring a commission, provided they do not use another agent to facilitate the sale. In this case, the listing agent only earns a commission if they are the ones who bring the buyer. Therefore, the distinction lies in the guarantee of commission, which is a key aspect of the exclusive right-to-sell agreement.