Nj Real Estate Listing Agreement Form

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT (NEW JERSEY)

Document Control:

• Effective Date: [Insert Date]
• Version: 2024.1
• Jurisdiction: State of New Jersey (Governed by N.J.A.C. 11:5)
• Scope: Residential/Commercial Real Estate Brokerage Services

1. LEGAL DISCLAIMER

This document is a template provided for informational purposes and does not constitute formal legal advice. New Jersey real estate transactions are governed by the New Jersey Real Estate Brokers and Salesmen Act (N.J.S.A. 45:15-1 et seq.). Parties are strongly encouraged to have this agreement reviewed by qualified legal counsel prior to execution to ensure compliance with specific municipal ordinances and individual circumstances.

2. PARTIES & PROPERTY

This Agreement is entered into by and between:

• Broker: [Brokerage Firm Name], a licensed NJ Real Estate Broker, located at [Office Address].
• Seller: [Full Legal Name of Seller(s)], residing at [Current Mailing Address].
• Property: The real property, including all improvements and fixtures, located at: [Full Property Address, City, State, Zip], identified as Lot [Number] and Block [Number].

3. OPERATIVE TERMS

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

2. Listing Price: The Property shall be listed at the price of [Listing Price in USD], or such other price as Seller may subsequently authorize in writing.

3. Broker’s Compensation: In the event that Broker, Seller, or any other person produces a ready, willing, and able purchaser during the Term, Seller shall pay Broker a commission of [Percentage/Fixed Amount] of the gross sale price. This commission is earned upon the signing of a binding Agreement of Sale.

4. Agency Relationship: Broker shall act as Seller’s agent. Seller acknowledges receipt of the "Consumer Information Statement" required by the New Jersey Real Estate Commission.

5. Marketing: Broker is authorized to: (a) place a "For Sale" sign on the property; (b) list the Property in the [Name of Multiple Listing Service] (MLS); (c) utilize electronic lockboxes; and (d) market the property via digital and print channels.

6. Fair Housing: This Agreement shall be performed in compliance with the Federal Fair Housing Act and the New Jersey Law Against Discrimination. No discrimination based on race, creed, color, national origin, ancestry, marital status, civil union status, domestic partnership status, sex, gender identity or expression, affectional or sexual orientation, disability, or source of lawful income shall be permitted.

7. Dual Agency: Seller acknowledges that the Broker may act as a dual agent if the Broker represents both the Seller and the prospective Buyer. Seller agrees to be bound by the disclosures required for dual agency under NJ law.

4. SIGNATURES & ACKNOWLEDGMENT

Seller(s): _________________________________ Date: _______________ Printed Name: [Name]

_________________________________ Date: _______________ Printed Name: [Name]

Broker / Authorized Signatory: _________________________________ Date: _______________ Printed Name: [Name] Title: [Broker/Manager]

5. STEP-BY-STEP EXECUTION GUIDE

1. Mandatory Disclosure: Ensure the Consumer Information Statement (CIS) is provided to the Seller and signed prior to or simultaneously with this Agreement, as required by N.J.A.C. 11:5-6.2.
2. Attorney Review: Pursuant to the New Jersey Supreme Court ruling in New Jersey State Bar Association v. New Jersey Association of Realtor Boards, all real estate contracts prepared by licensees must contain an Attorney Review clause. Ensure this clause is attached as an addendum if not integrated into the final Sale Agreement.
3. Record Retention: Both parties must retain a signed copy of this executed document. Under NJ law, the Broker is required to maintain all transactional records for a minimum of six (6) years.
4. Verification: Verify property ownership via the county tax records to ensure all title holders have signed this agreement to prevent potential breach-of-contract litigation.