For Sale By Owner Commission Agreement for Canada

For Sale By Owner Commission Agreement Template for Canada

This document is a specialized commission agreement used in Canadian real estate transactions where a property owner chooses to sell their property independently (For Sale By Owner) while agreeing to pay a commission to a real estate agent or broker who successfully brings a buyer. The agreement outlines the specific circumstances under which a commission becomes payable, the commission rate, and the rights and obligations of both the property owner and the real estate professional. It includes provisions that comply with provincial real estate regulations and federal laws governing real estate transactions in Canada.

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What is a For Sale By Owner Commission Agreement?

The For Sale By Owner Commission Agreement is utilized in the Canadian real estate market when property owners choose to sell their property independently while remaining open to working with real estate professionals who may bring potential buyers. This hybrid approach allows owners to maintain control over their property sale while benefiting from the professional real estate network. The document typically includes detailed commission structures, payment conditions, term of agreement, and specific circumstances under which commission becomes payable. It's particularly relevant in markets where FSBO sales are common but owners want to maintain relationships with the professional real estate community. The agreement must comply with provincial real estate regulations, including the Real Estate and Business Brokers Act (REBBA) where applicable, and federal laws governing real estate transactions in Canada.

What sections should be included in a For Sale By Owner Commission Agreement?

1. Parties: Identification of the property owner (seller) and the real estate brokerage/agent, including full legal names, addresses, and contact information

2. Background: Brief context explaining that the owner is selling the property independently and has agreed to pay commission if the broker/agent procures a buyer

3. Definitions: Key terms used in the agreement including 'Property', 'Commission', 'Qualified Buyer', 'Successful Sale', etc.

4. Property Details: Full legal description of the property, including address, legal description, and any included/excluded items

5. Commission Structure: Detailed explanation of the commission rate, calculation method, and payment terms

6. Payment Conditions: Specific conditions that trigger the obligation to pay commission, including successful sale requirements

7. Term of Agreement: Duration of the agreement, including start and end dates

8. Broker's Rights and Obligations: Outline of what the broker/agent can and cannot do, including showing the property and negotiating with potential buyers

9. Owner's Rights and Obligations: Owner's responsibilities, including providing access to the property and necessary information

10. Termination: Conditions under which either party can terminate the agreement and any resulting obligations

11. Dispute Resolution: Process for resolving any disagreements between the parties

12. Governing Law: Specification that the agreement is governed by Canadian law and the applicable province

13. Entire Agreement: Statement that this document represents the complete agreement between the parties

14. Execution: Signature blocks for all parties and date of signing

What sections are optional to include in a For Sale By Owner Commission Agreement?

1. Protection Period: Define a period after agreement expiration during which commission is still payable for specific buyers introduced during the term - include when working with experienced agents

2. Multiple Listing Service (MLS): Terms regarding listing the property on MLS if this service is requested by the owner

3. Marketing Services: Additional marketing services the broker may provide, if agreed upon

4. Commission Sharing: Terms for sharing commission with other brokers/agents - include when cooperating with other brokers is anticipated

5. Property Access Protocol: Detailed procedures for property showings - include when the property requires special access arrangements

6. Digital Marketing Consent: Terms regarding online marketing and use of property images - include when digital marketing is planned

What schedules should be included in a For Sale By Owner Commission Agreement?

1. Schedule A - Property Description: Detailed property description, including lot size, building specifications, and included fixtures/chattels

2. Schedule B - Commission Rate Structure: Detailed breakdown of commission rates and calculation methods

3. Schedule C - Proof of Ownership: Copy of title or other ownership documentation

4. Appendix 1 - Property Photos: Current photographs of the property for identification purposes

5. Appendix 2 - Showing Instructions: Detailed instructions for accessing and showing the property

6. Appendix 3 - Broker's Marketing Plan: Optional detailed marketing strategy if additional services are included

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

Canada

Publisher

Genie AI

Cost

Free to use
Clauses
Relevant Industries

Real Estate

Residential Property

Commercial Property

Property Development

Property Management

Legal Services

Financial Services

Relevant Teams

Legal

Real Estate

Compliance

Property Management

Sales

Business Development

Contract Administration

Transaction Processing

Document Control

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Owner

Real Estate Attorney

Legal Counsel

Property Manager

Real Estate Sales Representative

Compliance Officer

Contract Administrator

Real Estate Transaction Coordinator

Business Development Manager

Property Developer

Industries
Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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