FACTS:                    

The agent was given a listing on “all of the properties owned by the developer in Maricopa County.”  The developer owns approximately 20 lots in three separate subdivisions in Maricopa County.

ISSUE:                      

Is the listing agreement enforceable?

ANSWER:                

See discussion.

DISCUSSION:         

By statute, listing agreements must contain all material terms and be signed by the parties.  See A.R.S. § 32-2151.02.  One of the critical material terms is some identification of the property at issue.  Although the parties understand what “all of the properties owned by the developer in Maricopa County” means, the language is probably not specific enough to create an enforceable listing agreement.  The listing agreement should be revised so that the properties are identified either by lot number and subdivision or street address to ensure that it is enforceable.