The Agency Agreement For The Sale Of Residential Property is a fundamental document in Canadian real estate transactions that establishes the professional relationship between property owners who wish to sell their residential property and the real estate professionals who will represent them. This agreement is used when a property owner decides to engage a real estate agent or brokerage to market and sell their property, typically seeking professional expertise and access to the real estate market. The document includes essential elements such as the scope of authority granted to the agent, commission structures, marketing commitments, property details, and various obligations of both parties. It ensures compliance with provincial real estate regulations and includes mandatory disclosures required by Canadian law. The agreement protects both the property owner's and agent's interests by clearly defining the terms of their professional relationship, service expectations, and compensation arrangements.
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1. Parties: Identification of the property owner(s) as the Principal and the licensed real estate brokerage/agent as the Agent
2. Background: Context of the agreement, including property owner's intention to sell and agent's qualifications
3. Definitions: Key terms used throughout the agreement, including Property, Listing Price, Commission, etc.
4. Appointment and Authority: Formal appointment of the agent and scope of authority granted
5. Property Details: Legal description and address of the property being listed for sale
6. Listing Terms: Listing price, listing period, and type of listing (exclusive or non-exclusive)
7. Agent's Obligations: Detailed services to be provided by the agent, including marketing, showings, and negotiations
8. Principal's Obligations: Property owner's responsibilities, including providing accurate information and maintaining the property
9. Commission Structure: Details of commission rates, payment terms, and circumstances when commission is earned
10. Term and Termination: Duration of the agreement and conditions for termination
11. Representations and Warranties: Statements of fact by both parties regarding their authority, the property, and other material matters
12. Confidentiality: Obligations regarding confidential information and personal data protection
13. Dispute Resolution: Process for resolving disputes between parties
14. General Provisions: Standard clauses including entire agreement, amendments, governing law, etc.
1. Multiple Listing Service Authorization: Authorization to list on MLS, used when the property will be listed on MLS systems
2. Photography and Marketing Authorization: Specific permissions for property photography and marketing, used when special marketing services are included
3. Holdover Period: Terms regarding commission obligations after agreement expiry, used in exclusive listings
4. Property Management: Terms for managing vacant properties, used when the property will be vacant during the listing
5. Special Instructions: Any unique requirements or conditions, used when there are specific showing instructions or sale conditions
6. Team Representation: Details of team members involved, used when multiple agents will be handling the listing
7. Digital Services: Terms for virtual tours and online marketing, used when digital services are specifically included
8. International Marketing: Terms for international property marketing, used when targeting foreign buyers
1. Schedule A - Property Details: Detailed description of the property, including lot size, improvements, and inclusions/exclusions
2. Schedule B - Commission Schedule: Detailed breakdown of commission structures and payment terms
3. Schedule C - Marketing Plan: Specific marketing activities and timeline
4. Schedule D - Property Disclosure Statement: Seller's disclosure of property condition and known issues
5. Appendix 1 - Required Agency Disclosures: Mandatory disclosures required by provincial real estate regulations
6. Appendix 2 - Property Photographs: Current photographs of the property
7. Appendix 3 - Service Level Agreement: Detailed breakdown of services to be provided by the agent
8. Appendix 4 - Privacy Policy: Details of how personal information will be collected, used, and protected
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