The Agreement Between Broker And Owner is a fundamental document in Canadian real estate transactions, used when a property owner wishes to engage a professional real estate broker or brokerage firm to market and sell their property. This agreement is essential for both residential and commercial properties, establishing the legal framework for the professional relationship while ensuring compliance with relevant provincial real estate regulations and federal laws. It details crucial elements such as the broker's authority, commission structures, service obligations, and property marketing strategies. The document must align with provincial real estate acts, which may vary by jurisdiction, and typically includes provisions for property listing details, marketing approaches, commission terms, and dispute resolution procedures. It serves as the primary contract protecting both parties' interests and defining their respective rights and obligations throughout the property listing and sale process.

1. Parties: Identifies and provides full legal details of the property owner and the broker/brokerage firm

2. Background: Establishes the context of the agreement, including the owner's desire to sell/lease the property and the broker's qualifications

3. Definitions: Defines key terms used throughout the agreement, including property, listing period, commission, etc.

4. Appointment and Authority: Formally establishes the broker's appointment and specifies the scope of authority granted by the owner

5. Property Details: Describes the property being listed, including legal description and any inclusions/exclusions

6. Broker's Services and Obligations: Details the services to be provided by the broker, including marketing, showing property, negotiating, etc.

7. Owner's Obligations: Specifies the owner's responsibilities, including providing accurate information and maintaining the property

8. Listing Terms: Specifies listing price, listing period, and any specific listing conditions

9. Commission Structure: Details the commission rate, payment terms, and conditions for commission becoming payable

10. Representations and Warranties: Contains statements of fact and guarantees from both parties

11. Term and Termination: Specifies the agreement duration and conditions for termination

12. Confidentiality: Addresses handling of confidential information and privacy requirements

13. Dispute Resolution: Outlines procedures for resolving disputes between parties

14. General Provisions: Contains standard legal clauses including governing law, notices, and amendments