Massachusetts Real Estate Listing Agreement Form

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (MASSACHUSETTS)

Document Control:

• Effective Date: [Date]
• Version: MA-RE-2024.1
• Jurisdiction: Commonwealth of Massachusetts
• Scope: Residential/Commercial Real Estate Brokerage Services

1. OFFICIAL NOTICE & LEGAL DISCLAIMER

DISCLAIMER: This document is provided for informational purposes as a template. Real estate transactions in Massachusetts are governed by M.G.L. c. 112, § 87RR and related regulations. This instrument does not constitute legal advice. Parties should consult with a qualified Massachusetts real estate attorney prior to execution to ensure compliance with local zoning, disclosure laws (M.G.L. c. 93A), and lead paint notification requirements (M.G.L. c. 111, § 197).

2. PARTIES & DEFINITIONS

This Agreement is entered into by and between:

• SELLER(S): [Full Legal Name(s) of Record Owner(s)] ("Seller"), residing at [Current Address].
• BROKER: [Brokerage Firm Name], a Massachusetts licensed entity, located at [Office Address] ("Broker").
• PROPERTY: The real estate located at [Full Property Address, including Unit #], identified by [County] Registry of Deeds, Book [Book #], Page [Page #].

3. OPERATIVE CLAUSES

1. APPOINTMENT: Seller hereby grants Broker the exclusive right to sell the Property for a period commencing on [Start Date] and terminating at 11:59 PM on [Expiration Date] ("Term").

2. LISTING PRICE & TERMS: The initial listing price shall be $[Amount]. Seller authorizes Broker to list the Property on the Multiple Listing Service (MLS) and perform standard marketing activities.

3. COMMISSION: Seller agrees to pay Broker a commission of [Percentage]% of the gross sales price. Said commission is earned if: (a) a ready, willing, and able buyer is procured at the listing price/terms; or (b) a contract is signed during the Term, even if closing occurs post-expiration.

4. BROKER OBLIGATIONS: Broker shall exercise reasonable efforts to market the Property, conduct showings, and present all bona fide offers. Broker acts as a facilitator and shall not be liable for the performance of the Buyer or any inspection/disclosure failures unless caused by Broker’s gross negligence.

5. DISCLOSURES & COMPLIANCE: Seller warrants full disclosure of all known material latent defects. Seller acknowledges obligation to provide: (a) Smoke/Carbon Monoxide Certificate; (b) Lead Paint Disclosure (if applicable); and (c) Title V/Septic disclosure (if applicable).

6. FAIR HOUSING: Both parties agree to abide by the Federal Fair Housing Act and M.G.L. c. 151B, prohibiting discrimination based on race, color, religion, sex, handicap, familial status, or national origin.

7. GOVERNING LAW: This Agreement is governed by the laws of the Commonwealth of Massachusetts. Any disputes arising hereunder shall be submitted to mediation prior to litigation in the courts of [County Name] County.

4. SIGNATURES & ACKNOWLEDGMENT

IN WITNESS WHEREOF, the parties have executed this Agreement on the date first written above.

SELLER(S):

___________________________ Date: ___________ Signature

___________________________ Date: ___________ Signature

BROKER:

___________________________ Date: ___________ By: [Authorized Signatory Name] Title: [Broker/Manager]

5. STEP-BY-STEP EXECUTION GUIDE

1. Verification of Title: Verify that the "Seller" entity listed on the agreement matches the exact name on the most recent recorded Deed. If the property is held in a Trust or LLC, provide documentation of signatory authority (e.g., Certificate of Trust or LLC Operating Agreement).
2. Statutory Disclosures: Attach the Mandatory Massachusetts Real Estate Licensee-Consumer Relationship Disclosure (Form 1) to this document, as required by 254 CMR 3.00, to ensure compliance with agency law.
3. Property Specifics: Complete the "Property Data Form" or "MLS Input Sheet" simultaneously with this Agreement to ensure the description of the premises, including all conveyable personal property (e.g., appliances, fixtures), is exhaustive to prevent post-contract disputes.
4. Final Execution: Distribute a fully signed, dated PDF copy to all parties within 24 hours of execution to satisfy the Statute of Frauds and provide a copy to the closing attorney/escrow agent.