California Commercial Real Estate Listing Agreement Form

COMMERCIAL PROPERTY EXCLUSIVE LISTING AGREEMENT (CALIFORNIA)

Document Control

• Effective Date: [Date]
• Version: 2024.1
• Jurisdiction: State of California
• Scope: Exclusive Right to Sell/Lease

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LEGAL DISCLAIMER

NOTICE: This document is a template provided for informational purposes and does not constitute formal legal advice. Real estate laws in California are subject to change. Execution of this agreement creates binding legal obligations under California Civil Code and the California Business and Professions Code. Parties are strongly advised to consult with qualified legal counsel or a licensed California Real Estate Broker before execution.

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1. PARTIES

This Exclusive Listing Agreement (“Agreement”) is entered into on [Date] by and between:

• SELLER/LESSOR: [Full Legal Name of Owner/Entity], having its principal place of business at [Address] ("Owner").
• BROKER: [Company Name], a California licensed real estate brokerage, License No. [License Number], located at [Office Address] ("Broker").

2. PROPERTY DESCRIPTION

The Owner grants the Broker the exclusive right to market the real property situated at:

• Address: [Full Property Address including APN]
• Legal Description: [Insert Legal Description or "See Attached Exhibit A"] (Hereinafter referred to as the "Property").

3. TERM OF AGREEMENT

This Agreement shall commence on [Start Date] and expire at 11:59 PM PST on [End Date] ("Listing Term"), unless terminated or extended in writing by both parties.

4. LISTING TERMS

• Offering Price/Rent: The Property shall be offered for [Sale/Lease] at [Dollar Amount].
• Brokerage Fee: Owner agrees to pay Broker a commission of [Percentage/Fixed Amount] of the gross transaction value.
• Payment Timing: Commission is deemed earned upon the execution of a binding purchase/lease agreement and payable at the close of escrow or commencement of lease.

5. BROKER OBLIGATIONS

Broker shall use commercially reasonable efforts to market the Property, including, but not limited to:

1. Listing the Property on the relevant Multiple Listing Service (MLS) or Commercial Information Exchange (CIE).
2. Erecting professional signage (subject to local ordinances).
3. Qualifying potential buyers/tenants.

6. OWNER REPRESENTATIONS

Owner warrants that they are the sole legal owner of the Property, have full authority to enter into this Agreement, and that the Property is free of undisclosed encumbrances, environmental hazards, or pending litigation.

7. DISCLOSURES & COMPLIANCE

Owner agrees to provide all statutorily required disclosures, including but not limited to, the Transfer Disclosure Statement (TDS), Natural Hazard Disclosure (NHD), and any known material facts regarding the physical condition of the property (Civil Code § 1102).

8. GOVERNING LAW & DISPUTE RESOLUTION

This Agreement shall be governed by the laws of the State of California. Any disputes arising hereunder shall be submitted to mandatory mediation, and if unresolved, to binding arbitration in the county of [County Name], California.

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9. SIGNATURES & ACKNOWLEDGMENT

OWNER: Signature: __________________________ Date: [Date] Printed Name: [Name] Title: [Title]

BROKER: Signature: __________________________ Date: [Date] Printed Name: [Name] Title: [Broker/Officer Name]

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EXECUTION GUIDE

1. Due Diligence Verification: Before signing, ensure the Owner provides a current Preliminary Title Report to verify that all listed owners are signatories to this Agreement to avoid "clouded title" issues during closing.
2. Disclosure Attachment: Attach all relevant property exhibits (e.g., site plans, environmental reports, or current rent rolls) as an "Exhibit A" to ensure the Broker has accurate data for marketing materials, fulfilling the Broker’s duty of care.
3. Delivery of Agency Disclosure: Upon signing, the Broker must provide the Owner with the California Disclosure Regarding Real Estate Agency Relationship (Form AD), as mandated by California Civil Code § 2079.14.
4. Record Keeping: Both parties must retain a fully executed digital or physical copy for a minimum of three (3) years to satisfy California Bureau of Real Estate (DRE) audit requirements.