Non Exclusive Listing Agreement for Canada

Non Exclusive Listing Agreement Template for Canada

A Non-Exclusive Listing Agreement is a legal contract used in Canadian real estate transactions that establishes a professional relationship between a property owner and a real estate brokerage, while allowing the owner to work with multiple agents or sell the property independently. The agreement outlines the terms of service, commission structure, and marketing responsibilities while complying with provincial real estate regulations and federal laws. It provides flexibility for the seller while ensuring the brokerage's interests are protected if they successfully bring a buyer to the transaction.

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What is a Non Exclusive Listing Agreement?

The Non-Exclusive Listing Agreement is a fundamental document in Canadian real estate transactions, designed for property owners who want to maintain maximum flexibility in their selling strategy. This agreement type is particularly useful when sellers want to work with multiple brokerages or retain the ability to find buyers independently while still benefiting from professional real estate services. The document typically includes essential elements such as property details, commission structures, marketing authorizations, and service commitments, all while adhering to provincial real estate regulations and federal requirements. It provides a balanced approach that protects both the brokerage's right to commission for successful sales resulting from their efforts and the seller's freedom to explore multiple sales channels.

What sections should be included in a Non Exclusive Listing Agreement?

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

2. Background: Brief context explaining the owner's intention to sell the property and engage the brokerage's services

3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Commission', 'Sale', etc.

4. Property Details: Complete legal description and address of the property being listed for sale

5. Term of Agreement: Specific start and end dates of the listing agreement

6. Listing Price: Agreed-upon listing price for the property

7. Commission Structure: Detailed breakdown of commission rates and conditions for payment

8. Brokerage Services: Outline of services to be provided by the brokerage

9. Seller's Representations and Warranties: Seller's confirmations regarding property ownership and condition

10. Non-Exclusive Nature: Clear statement of the non-exclusive nature of the agreement and its implications

11. Marketing Authorization: Permission for property marketing, including use of photos and property information

12. Termination: Conditions and process for ending the agreement

13. Governing Law: Specification of applicable Canadian provincial law

14. Signatures: Execution section for all parties

What sections are optional to include in a Non Exclusive Listing Agreement?

1. Multiple Listing Service: Terms for MLS listing, used when the property will be listed on MLS

2. Digital Marketing Services: Specific terms for online marketing, used when enhanced digital marketing is offered

3. Property Management: Terms for managing the property during the listing period, used for vacant properties

4. International Marketing: Additional terms for international property marketing, used when targeting foreign buyers

5. Dual Agency: Terms regarding potential dual agency situations, included when permitted by provincial law

6. Hold-Over Period: Terms for commission payment after agreement expiration, used in specific markets

7. Privacy Policy: Detailed privacy terms, used when extensive personal information handling is involved

8. Virtual Showing Authorization: Terms for virtual property tours and online showings, used when virtual services are offered

What schedules should be included in a Non Exclusive Listing Agreement?

1. Schedule A - Property Details: Detailed property description, features, 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 Photographs: Approved photographs and virtual tour materials

5. Appendix 1 - Property Disclosure Statement: Seller's disclosure of property condition and known issues

6. Appendix 2 - Service Level Agreement: Detailed outline of specific services to be provided by the brokerage

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
Relevant legal definitions
Relevant Industries

Real Estate

Property Management

Legal Services

Marketing and Advertising

Property Development

Commercial Property

Residential Property

Property Investment

Relevant Teams

Legal

Real Estate

Sales

Marketing

Business Development

Compliance

Administrative

Property Management

Contract Administration

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Attorney

Legal Counsel

Property Owner

Real Estate Marketing Manager

Business Development Manager

Sales Director

Compliance Officer

Real Estate Administrator

Contract Manager

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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