Which of the following is NOT a common law requirement for a valid listing agreement?

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A valid listing agreement typically hinges on several common law requirements, which help ensure clarity and enforceability. Among these, a definite termination date is crucial as it establishes the timeframe within which the agreement is valid, providing a structured end point for the contractual obligations of the parties involved.

The requirement for a negotiable commission clause allows flexibility in the terms of a commission, making the agreement tailored to the specific needs of buyers and sellers. Additionally, having an expressed written agreement to enforce the commission clause provides tangible proof of acceptance and understanding between the broker and the client, which is significant for legal enforceability.

On the other hand, specific performance remedies—while they can be part of a contract—are not universally recognized as a common law requirement for listing agreements. Specific performance is a legal remedy usually invoked in cases where monetary compensation is inadequate, but it is more aligned with general contract law rather than a specific requirement of listing agreements. Thus, the absence of this as a requirement distinguishes it from the others that play a more foundational role in establishing a valid listing agreement.

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