Real Estate Listing Agreement Example

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT

Document Control

• Effective Date: [Date]
• Version: 1.0 (Standard Commercial/Residential)
• Jurisdiction: [State/Province]

1. OFFICIAL NOTICE & DISCLAIMER

LEGAL NOTICE: This document constitutes a legally binding contract. It is provided for informational purposes as a template. It does not constitute specific legal, tax, or investment advice. Parties are strongly advised to consult with qualified legal counsel and tax professionals prior to execution to ensure compliance with local statutes, disclosure requirements, and fiduciary obligations.

2. PARTIES AND PROPERTY

This Agreement is entered into by and between:

• Broker/Agency: [Brokerage Legal Name], located at [Office Address] (“Broker”).
• Seller(s): [Full Legal Name of All Title Holders] (“Seller”).

Property: Seller grants Broker the exclusive right to sell the real property located at:

• Address: [Street Address, City, State, Zip]
• Legal Description: [Insert Legal Description/Tax ID]

3. OPERATIVE CLAUSES

3.1 Term of Agreement: This Agreement shall commence on [Start Date] and terminate at 11:59 PM on [Expiration Date] (the "Listing Period"). If a purchase contract is executed prior to the Expiration Date, the Listing Period shall extend automatically until the close of escrow or termination of said contract.

3.2 Listing Price: The Property shall be listed at the price of [Amount in USD]. Seller reserves the right to adjust this price upon written authorization to Broker.

3.3 Brokerage Compensation: In consideration of services rendered, Seller agrees to pay Broker a commission of [Percentage/Fixed Fee] of the gross sale price upon the successful closing of the transaction. This commission is earned if, during the Listing Period, Broker produces a ready, willing, and able buyer, or if the Property is sold/exchanged by any party (including Seller) during the Listing Period.

3.4 Duties of Broker: Broker shall: (a) Market the Property using commercially reasonable efforts; (b) List the Property on the local Multiple Listing Service (MLS); (c) Present all offers in a timely manner; (d) Facilitate negotiations between parties.

3.5 Seller Representations: Seller warrants they possess clear, marketable title and the legal authority to enter into this Agreement. Seller shall provide all required statutory property disclosures (e.g., Lead-Based Paint, Property Condition Disclosure) within [Number] days of signing.

3.6 Indemnification: Seller agrees to indemnify and hold Broker harmless from any claims, damages, or liabilities arising from misrepresentations made by Seller or inaccuracies in disclosures provided by Seller.

4. SIGNATURES AND ACKNOWLEDGMENT

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

SELLER(S): Signature: __________________________ Date: [Date] Printed Name: [Name]

BROKER/AGENT: Signature: __________________________ Date: [Date] Printed Name: [Name] Title: [e.g., Managing Broker]

5. STEP-BY-STEP EXECUTION GUIDE

1. Verification of Authority: Ensure all individuals listed on the property deed sign the document. If the Seller is an entity (LLC, Trust, Corp), append a "Certificate of Incumbency" or "Corporate Resolution" authorizing the signatory to bind the entity.
2. Disclosure Compliance: Immediately upon execution, attach all state-mandated disclosures. Failure to provide these at the time of listing can result in voidable contracts and regulatory fines.
3. Formal Ratification: Deliver a fully executed "counterpart" copy to all parties within 24 hours. Digital signatures (e.g., DocuSign, Adobe Sign) are generally legally binding under the ESIGN Act, provided an audit trail is maintained.
4. MLS Entry: Upon execution, ensure the listing is entered into the MLS within the timeframe mandated by the local Board of Realtors (typically 24–48 hours) to maintain compliance with professional association rules.