An exclusive listing (專任約) gives one agency the sole right to sell your property for the contract term; you may not sell privately or appoint anyone else during that time. An open listing (一般約) lets you appoint several agencies at once and sell privately as well. Neither earns you more by definition. The difference is whether you want concentrated effort or flexibility.
This guide compares the two and adds one legal point: the review period for a standard-form listing contract may not be shorter than 3 days. For the overall process see Selling a home in Taiwan: 8 steps; for paperwork see Documents you need to sell; for pricing see How to price your home.
Three figures: the review period is at least 3 days; the combined agent fee for buyer and seller may not exceed 6% of the sale price; and sellers commonly pay about 4%, negotiable and paid only on completion. These are the legal cap and market practice as of August 2026; your contract governs.
The difference at a glance
To tell the two apart, look for one clause: “during the term the owner may not sell privately or appoint a third party”. If it is there, the contract is exclusive in nature. The Ministry of the Interior’s model listing contract is itself exclusive in nature, so confirm which one you are signing.
| Exclusive | Open | |
|---|---|---|
| Number of agencies | One at a time | Several at once |
| Private sale | Not allowed (usually a penalty) | Allowed |
| Agency effort | Usually fuller: advertising, marketing plan, priority viewings | More like a race; resources spread thin |
| Price consistency | One channel, one price | Several agencies quoting different prices can muddle the market |
| Suits | Hard-to-sell properties, owners who want concentrated effort | Testing the market, keeping the option to sell privately |
How the fee is written directly affects your net figure. Sellers commonly pay about 4% of the sale price, and buyer plus seller together may not legally exceed 6%. See Agency fees. Whichever type you choose, put the rate and payment timing in the contract; a verbal discount does not count.
When an exclusive listing is worth signing
If the property is hard to sell, has unusual features, or you want one agency to carry the marketing and negotiation, an exclusive is usually more effective. The price is that you cannot sell privately or appoint another agency during the term, so the only question is whether this agency deserves your exclusive.
Before signing, ask for three things: same-community registered sales from the past year with the pricing logic; a tax and net-proceeds estimate; and a marketing and viewing plan for the next 30 to 60 days. If the agency can produce them, talk about an exclusive. If not, do not let “we guarantee a higher price” carry you along.
If you find a buyer yourself during an exclusive term, or want a second agency, you will usually hit the breach clause. If you want that option, take an open listing instead of signing and regretting it.
Our view: An exclusive is not a loyalty test; it is an exchange of resources. You give exclusivity, and the agency owes you a verifiable pricing and exposure plan. If the order is reversed, an exclusive is just a one-sided lock-in.
Open listing: fine for testing the market, but watch the price
If you are still testing the market, want to try selling privately, or want to compare several agencies, start with an open listing. But you must keep one asking price and one description of the property’s condition. Flexibility is the strength of an open listing; the weakness is “the same home quoted at three prices”.
Three ways to prevent that: all agencies use the same asking price and floor price range; the property condition disclosure (房屋現況說明書) is identical everywhere; and one family member is the single point of contact. Remember too that if a buyer was introduced by an agency and you close privately behind it, the contract may still require you to pay the fee. Payment security should still go through escrow (履約保證), the third-party account that holds the buyer’s money until transfer completes; the roles of the offer documents are explained in Offer documents explained.
An open listing is not “nobody is in charge”. Check that copy, photos and price stay consistent, and if one agency cuts the price or posts wrong details, demand a correction or terminate that listing.
The review period: at least 3 days, and do not waive it
The review period for a standard-form listing contract may not be less than 3 days. This is your right under consumer protection rules, not a favour from the agency.
Check: the term; exclusive or open; the floor price; the fee and when it is paid; the penalty clause; whether advertising costs are charged separately; and expiry and termination conditions. The official model contract is published by the Ministry of the Interior’s Department of Land Administration. If a clause is unclear, ask until it is, or contact us. An agency that refuses a review period, or asks you to waive it on the spot, is itself a red flag.
How to decide: by how hard the property is to sell
If the property is hard to sell or you want concentrated effort, go exclusive. If you are still testing the market, an open listing is fine as long as you control the price. Do not choose on “which is cheaper”; the fee on an unsold home is never collected, and the real cost is six months on the market followed by price cuts.
Four questions settle it. Is your asking price close to the registry? Does the property have unusual condition or title issues? Are you willing to give up private sale during the term? Has this agency produced a marketing plan and a tax estimate? If three of the four point to “let a professional carry it”, talk seriously about an exclusive.
In Taichung, an ordinary unit priced at market sells under either type. The gap shows on hard cases: high floors without parking, older homes needing renovation, complicated titles. Spread those across several agencies and everyone lists but nobody pushes.
Our view: Our order never changes: valuation and net proceeds first, then exclusive or open. Once you agree with the numbers and the plan, the form of the contract has meaning. Pushing you to sign an exclusive first and doing the valuation afterwards is backwards.
FAQ
Can I back out of an exclusive listing?
Within the review period you can exercise your review right. Once the contract is in force, you must perform it; selling privately or appointing another agency usually constitutes a breach and may trigger a penalty.
Will an open listing lead to confused pricing?
It can. Different prices and descriptions make buyers assume something is wrong, or exploit the confusion. Use one price and one disclosure everywhere, with one point of contact.
What if the agency does not give me a review period?
Under the Consumer Protection Act and the Ministry of the Interior’s rules for standard-form listing contracts, the review period may not be less than 3 days. If you are asked to sign on the spot, take the contract away and compare it with the official model first.
Does another branch of the same brand count as “another agency”?
It depends on the wording. An exclusive restricts “appointing a third party”; whether another branch of the same brand is the same appointee is decided by the contract text. If unsure, have it written down.
How long should the listing term be?
Commonly 3 to 6 months, depending on the property and the marketing plan. Too short and the agency cannot market properly; too long and you are tied up. Expiry, renewal and early termination clauses matter most.
Where should the fee be written?
The fee, how it is calculated and when it is due all belong in the listing contract. Sellers commonly pay about 4%; buyer and seller together may not exceed 6%.
Do I pay anything if the home does not sell?
Generally no completion fee is charged without a sale, but if the contract lists advertising or handling charges separately, those may still apply. Confirm every “when do I pay” clause before signing.
Which do you recommend in Taichung?
Hard-to-sell or unusual properties: exclusive. Still testing the market: open listing with strict price control. Either way, the deciding factor is whether the agency has pricing logic and a net-proceeds estimate.
Conclusion
Exclusive locks in one agency; open keeps your flexibility. Hard cases go exclusive; market tests can go open with one consistent price. Use the 3-day review period, and get the fee, penalty and term in writing so you do not discover mid-sale that you are locked in. Fusheng Realty puts the valuation and net-proceeds estimate on the table before discussing exclusivity. Contact us to talk through your listing.