Florida Real Estate Listing Agreement Form

EXCLUSIVE RIGHT OF SALE LISTING AGREEMENT

Document Control:

• Effective Date: [Insert Date]
• Version: 2024.1-FL
• Jurisdiction: State of Florida
• Scope: Residential/Commercial Real Estate Brokerage Services

1. LEGAL NOTICE & DISCLAIMER

LEGAL NOTICE: This document is a template provided for informational purposes and constitutes a draft instrument. It does not constitute legal advice. Real estate laws in Florida (Chapter 475, F.S.) are subject to frequent regulatory changes. Parties are strongly advised to have this document reviewed by licensed local real estate counsel prior to execution to ensure compliance with current Florida Real Estate Commission (FREC) standards and specific property encumbrances.

2. PARTIES & PROPERTY

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

• Broker: [Brokerage Firm Name], a Florida licensed real estate entity, License No. [License Number].
• Seller(s): [Full Legal Name(s) of all title holders].
• Property Address: [Street Address, City, Zip Code].
• Legal Description: [Insert Full Legal Description or Reference Exhibit A].

3. OPERATIVE CLAUSES

1. AUTHORITY TO SELL: Seller grants Broker the exclusive right to sell, lease, or exchange the Property for a period commencing on [Start Date] and terminating at 11:59 PM on [End Date] (the "Listing Period").

2. LISTING PRICE: The Property shall be listed at [Dollar Amount] or such other price as agreed upon by Seller in writing.

3. BROKER’S COMPENSATION: Seller agrees to pay Broker a commission of [Percentage]% of the gross purchase price upon the successful closing of the transaction. If Seller withdraws the Property from the market or prevents the sale, the full commission shall be deemed earned if a ready, willing, and able buyer is procured at the listing price.

4. BROKER DUTIES: Broker shall use diligent, professional efforts to market the Property, including but not limited to: entering the Property into the Multiple Listing Service (MLS), installing signage, professional photography, and facilitating showings.

5. SELLER REPRESENTATIONS: Seller warrants that they hold legal title to the Property, have the authority to execute this Agreement, and will provide all necessary disclosures (e.g., Lead-Based Paint, HOA Disclosures, Seller’s Property Disclosure) as required by Florida law.

6. FAIR HOUSING: Both parties agree to strictly adhere to the Fair Housing Act and shall not discriminate based on race, color, religion, sex, handicap, familial status, or national origin.

7. DISPUTE RESOLUTION: In the event of a dispute arising out of this Agreement, the parties agree to participate in non-binding mediation prior to pursuing litigation. The prevailing party in any subsequent litigation shall be entitled to reasonable attorney’s fees and court costs.

4. SIGNATURES & ACKNOWLEDGMENT

Seller(s):

__________________________ Date: [Date] [Printed Name]

__________________________ Date: [Date] [Printed Name]

Broker / Authorized Representative:

__________________________ Date: [Date] [Name & Title] [Brokerage Name]

5. STEP-BY-STEP EXECUTION GUIDE

1. Title Verification: Ensure every individual appearing on the Property Deed signs this document. Failure to include all title holders renders the Agreement potentially unenforceable.
2. Statutory Disclosures: Attach the Florida Real Estate Commission (FREC) required disclosures, including the Homeowners’ Association (HOA) disclosure (Section 720.401, F.S.) and the Lead-Based Paint Disclosure (if the property was built prior to 1978).
3. MLS Entry: Upon execution, the Broker must verify the listing data against public tax records to ensure the legal description and tax parcel identification number (PIN) are accurate before publishing to the MLS.
4. Notarization: While not strictly required for a listing agreement under Florida law, if the Property is subject to a complex trust or power of attorney, have the signature block notarized to mitigate future challenges to agency authority.