Another reason why the list price must be mutually agreed upon, both by the seller and the broker, is that the broker makes a prior investment by listing the house. As mentioned by the State Department of New York, there have been many cases where a broker has successfully sued a seller for a commission when there has been no conclusion. Even though most traditional brokers will tell you that they will never do it because it`s bad for business and it`s a boiler-plate language that everyone signs, you should recognize that you have the right to negotiate the language within a New York Exclusive Right To Sell Listing Agreement. In these cases, a buyer`s brokerage contract is signed by the broker and the buyer to describe in detail their agreement, which includes the broker`s obligations and obligations to the buyer. .