Exclusive Commercial and Residential Listing Agreement Example

EXCLUSIVE LISTING AGREEMENT (COMMERCIAL/RESIDENTIAL)

Document Control

• Effective Date: [Date]
• Version: 1.0-PRO
• Jurisdiction: [State/Province]
• Scope: Exclusive Right to Sell / Lease

1. OFFICIAL NOTICE & DISCLAIMER

DISCLAIMER: This document is provided for informational and template purposes only and does not constitute formal legal advice. This template does not replace the necessity of counsel review regarding local real estate statutes, mandatory disclosure forms, or agency laws. Use of this document is at the User’s sole risk.

2. IDENTIFICATION OF PARTIES

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

OWNER/SELLER: [Full Legal Name], having a principal address at [Full Address] ("Seller").

BROKER/AGENT: [Company/Brokerage Name], a licensed real estate entity in [Jurisdiction], having a principal address at [Full Address] ("Broker").

3. OPERATIVE CLAUSES

3.1. Grant of Authority: Seller hereby grants Broker the exclusive and irrevocable right to market, solicit offers for, and facilitate the sale/lease of the property located at: [Property Address and Legal Description] ("Property").

3.2. Term: This Agreement shall commence on [Start Date] and terminate at 11:59 PM on [End Date] (the "Term"). If a contract for sale/lease is signed prior to the expiration of the Term, this Agreement shall automatically extend until the closing of said transaction.

3.3. Compensation: Seller agrees to pay Broker a commission of [Percentage/Fixed Fee] of the gross sale price or total lease value. Commission is earned and payable upon: (a) the successful closing of the transaction; or (b) any breach of this Agreement by the Seller that prevents the sale/lease.

3.4. Duties of Broker: Broker shall: (i) list the Property on the designated MLS/Commercial Exchange; (ii) exercise "best efforts" to market the Property; and (iii) present all written offers to Seller in a timely manner.

3.5. Seller Representations: Seller warrants they hold legal title to the Property and have the full authority to enter into this Agreement. Seller shall provide all required statutory disclosures (e.g., lead-based paint, environmental hazards) within [Number] days of signing.

3.6. Termination for Cause: Either party may terminate this Agreement for a material breach by the other party, provided a [Number]-day written notice to cure is delivered and the breach remains uncured.

3.7. Governing Law & Dispute Resolution: This Agreement is governed by the laws of [Jurisdiction]. Any dispute arising hereunder shall be submitted to binding arbitration under the rules of the [Arbitration Association].

4. SIGNATURES & ACKNOWLEDGMENT

IN WITNESS WHEREOF, the parties have executed this Agreement as of the Effective Date.

SELLER: Signature: __________________________ Date: [Date] Printed Name: [Name] Title: [e.g., Owner/Authorized Signatory]

BROKER: Signature: __________________________ Date: [Date] Printed Name: [Name] License No.: [License Number]

5. STEP-BY-STEP EXECUTION GUIDE

1. Compliance Audit: Before execution, verify that [Company/Brokerage Name] holds an active, valid real estate license in the [Jurisdiction] noted in Section 2.
2. Disclosure Annexing: Attach all jurisdiction-specific mandatory disclosure forms (e.g., Property Condition Disclosure, Agency Disclosure) as "Exhibit A." The contract is not considered "production-ready" without these attachments.
3. Formal Execution: Ensure the Seller provides proof of ownership (e.g., Deed) to verify the authority of the signatory. Both parties must initial each page of the Agreement to minimize claims of "missing pages" during litigation.
4. Delivery of Counterparts: Transmit a fully executed digital copy to both parties via encrypted email with read-receipts. Retain the "wet-ink" or cryptographically signed original for a minimum of 5 years (or as mandated by local record-keeping statutes).