Real Estate Listing Contract for Canada

Real Estate Listing Contract Template for Canada

A Real Estate Listing Contract is a legally binding agreement used throughout Canada that establishes the professional relationship between a property owner (seller) and a real estate brokerage for the purpose of marketing and selling real property. The document, governed by provincial real estate laws and regulations, outlines the terms of service, commission structure, marketing commitments, and obligations of both parties. It includes essential elements such as property details, listing duration, pricing strategy, and the scope of authorized marketing activities, while ensuring compliance with provincial real estate boards' requirements and consumer protection legislation.

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What is a Real Estate Listing Contract?

The Real Estate Listing Contract serves as the foundational document for professional property sales in Canada, establishing the legal and business relationship between property owners and real estate brokerages. This contract type is essential for any property sale through a licensed real estate professional, as required by provincial regulations. It details crucial elements including commission structures, service obligations, marketing authorizations, and property representation terms. The document must comply with provincial real estate laws, real estate board requirements, and consumer protection regulations. It's typically used when a property owner decides to sell their property through a professional brokerage, requiring careful consideration of terms that protect both parties' interests while ensuring transparency in the property sale process. The agreement includes comprehensive property details, marketing strategies, and specific obligations of all parties involved.

What sections should be included in a Real Estate Listing Contract?

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

2. Background: Brief context establishing the Seller's ownership of the property and desire to list it for sale through the Brokerage

3. Definitions: Key terms used throughout the agreement, including 'Property', 'Listing Period', 'Listing Price', 'Commission', and 'Real Estate Board'

4. Property Description: Detailed legal description and municipal address of the property being listed for sale

5. Listing Terms: Specific details including listing price, listing period duration, and any price adjustment mechanisms

6. Brokerage Services: Comprehensive list of services the brokerage will provide in marketing and selling the property

7. Commission Structure: Detailed breakdown of commission rates, when commission is earned, and payment terms

8. Seller's Representations and Warranties: Seller's confirmations regarding property ownership, condition, and authority to sell

9. Seller's Obligations: Specific duties of the seller during the listing period, including property access and disclosure requirements

10. Marketing Authorization: Seller's permission for various marketing activities, including signage, photography, and online listings

11. Multiple Listing Service: Terms regarding MLS listing and associated requirements

12. Termination: Conditions and process for ending the listing agreement

13. Governing Law: Specification that the agreement is governed by provincial laws and regulations

14. Execution: Signature blocks and date of agreement

What sections are optional to include in a Real Estate Listing Contract?

1. Property Management: Required when the property is tenant-occupied, specifying arrangements for showings and lease considerations

2. International Marketing: Added when the property will be marketed internationally, including specific overseas marketing commitments

3. Virtual Tours and Digital Marketing: Detailed terms for enhanced digital marketing services when specifically requested

4. Dual Agency: Required when the brokerage may represent both buyer and seller

5. Pre-Existing Conditions: Used when there are known property issues or defects that need specific disclosure

6. Holdover Period: Terms for commission payment if the property sells after the listing period to a buyer introduced during the listing

7. Staging Services: Include when the brokerage will provide or arrange staging services

8. Green Building Features: Required for properties with specific environmental or energy-efficient features that need special marketing

What schedules should be included in a Real Estate Listing Contract?

1. Schedule A - Property Details: Comprehensive property information including lot size, room dimensions, and included fixtures

2. Schedule B - Marketing Plan: Detailed marketing strategy and commitments from the brokerage

3. Schedule C - Commission Schedule: Detailed breakdown of commission structures for different sale scenarios

4. Schedule D - Property Disclosure Statement: Seller's detailed disclosure about the property's condition and known issues

5. Schedule E - Excluded Items: List of items that are not included in the property sale

6. Schedule F - Professional Photography Terms: Terms for professional photography, virtual tours, and digital marketing

7. Appendix 1 - Required Property Documents: Checklist of required documents such as surveys, permits, and warranties

8. Appendix 2 - Service Level Agreement: Detailed breakdown of all services provided by the brokerage and associated timeframes

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

Document Type

Sales Contract

Sector

Sales

Cost

Free to use
Relevant legal definitions
Clauses
Relevant Industries

Real Estate

Property Development

Property Management

Legal Services

Financial Services

Insurance

Construction

Property Investment

Professional Services

Relevant Teams

Legal

Real Estate Operations

Sales

Compliance

Risk Management

Marketing

Business Development

Property Management

Contract Administration

Documentation

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Legal Counsel

Compliance Officer

Real Estate Manager

Sales Director

Business Development Manager

Contract Administrator

Real Estate Operations Manager

Property Portfolio Manager

Real Estate Transaction Coordinator

Real Estate Marketing Manager

Risk Management Officer

Documentation Specialist

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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