Real Estate Listing Agreement Form

EXCLUSIVE RIGHT TO SELL LISTING AGREEMENT

Document Control

• Effective Date: [Date]
• Version: 1.0.0
• Jurisdiction: [State/Province]
• Scope: Residential/Commercial Real Estate Brokerage Services

1. LEGAL NOTICE & DISCLAIMER

DISCLAIMER: This document is provided for informational and architectural purposes only and does not constitute formal legal advice. Real estate laws are highly jurisdiction-specific (statutes of frauds, disclosure requirements, and fiduciary standards vary by municipality). The Parties are strongly advised to retain independent legal counsel to review this document before execution to ensure compliance with local Real Estate Commission regulations.

2. PARTIES & DEFINITIONS

This Agreement is entered into by and between:

• Broker: [Brokerage Legal Name], a [State] corporation, having its principal place of business at [Address] (“Broker”).
• Seller: [Full Legal Name(s)], having a mailing address of [Address] (“Seller”).
• Property: The real property located at [Full Legal Address], including all fixtures and improvements, (the “Property”).

3. OPERATIVE CLAUSES

1. TERM OF AGREEMENT: This Agreement shall commence on [Start Date] and expire at 11:59 PM local time on [End Date] (the “Listing Period”).

2. EXCLUSIVE RIGHT TO SELL: Seller grants Broker the exclusive right to market and sell the Property. Seller agrees to refer all inquiries regarding the Property to Broker during the Listing Period.

3. LISTING PRICE: The Property shall be listed at the initial price of [Amount in USD]. Any subsequent price adjustments must be authorized in writing by the Seller.

4. BROKERAGE COMMISSION: In the event of a sale, exchange, or transfer of the Property during the Listing Period, Seller agrees to pay Broker a commission of [Percentage]% of the gross purchase price. This commission is deemed earned upon the execution of a purchase agreement by a ready, willing, and able buyer.

5. SELLER’S REPRESENTATIONS: Seller warrants that they hold legal title to the Property and possess the full authority to enter into this Agreement. Seller shall provide accurate disclosures regarding the condition of the Property as required by [Jurisdiction] law.

6. INDEMNIFICATION: Seller agrees to indemnify, defend, and hold harmless Broker from any liability, claims, or damages arising from misrepresentations made by the Seller or the failure of the Seller to disclose material defects in the Property.

7. GOVERNING LAW: This Agreement shall be governed by and construed in accordance with the laws of [Jurisdiction]. Any disputes arising hereunder shall be subject to binding arbitration in [County/City].

4. SIGNATURES & ACKNOWLEDGMENT

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

BROKER: Signature: __________________________ Printed Name: [Name] Title: [Title] Date: [Date]

SELLER: Signature: __________________________ Printed Name: [Name] Date: [Date]

SELLER (Co-Owner): Signature: __________________________ Printed Name: [Name] Date: [Date]

5. STEP-BY-STEP EXECUTION GUIDE

1. Compliance Verification: Before signing, ensure the Broker’s license number is verified against the state's Real Estate Commission database and attached as an addendum if required by local statute.
2. Disclosure Integration: Append all mandatory statutory disclosures (e.g., Lead-Based Paint, Seller Property Disclosure Statement) to this Agreement; they are legally inseparable from the listing process.
3. Execution & Delivery: All parties must sign in wet ink or via a compliant e-signature platform (e.g., DocuSign, Adobe Sign). A fully executed digital or physical copy must be delivered to all signatories within 24 hours of signature.
4. Record Retention: Both parties should maintain a copy of the executed Agreement for a minimum of 3-7 years (as dictated by local statute of limitations) to defend against potential claims of breach or commission disputes.