Exclusive Listing Agreement Template for United States

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Key Requirements PROMPT example:

Exclusive Listing Agreement

"I need an Exclusive Listing Agreement for a luxury beachfront property in Miami, with specific provisions for international marketing and virtual tours, and a higher-than-standard commission structure to reflect the property's $15M value."

Document background
The Exclusive Listing Agreement serves as the foundational document in professional real estate transactions across the United States. This contract type is essential when property owners want to establish a committed relationship with a single broker for selling their property. The agreement typically specifies the listing price, commission structure, marketing strategies, and duration of the exclusive relationship. It provides protection for both the property owner and the broker while ensuring compliance with federal and state real estate regulations. The document is particularly important as it outlines the broker's obligations for marketing the property and the seller's commitments during the listing period.
Suggested Sections

1. Parties: Identifies the property owner/seller and the real estate broker/agent

2. Background: Brief context about the property and the intent to sell

3. Definitions: Key terms used throughout the agreement

4. Property Description: Detailed description of the property being listed

5. Listing Terms: Duration, pricing, and exclusivity provisions

6. Commission Structure: Details of broker compensation and payment terms

7. Broker's Obligations: Services to be provided by the broker

8. Seller's Obligations: Responsibilities and commitments of the seller

9. Termination: Conditions and process for ending the agreement

Optional Sections

1. Dual Agency Provisions: Required when broker may represent both seller and buyer in jurisdictions allowing dual agency

2. International Marketing: Specific provisions for marketing to international buyers, typically used for luxury or unique properties

3. Virtual Showing Rights: Rights and obligations regarding virtual tours and online showings when virtual showings are a significant part of marketing strategy

4. Protection Period: Post-termination period where broker may still be entitled to commission for previously introduced buyers

Suggested Schedules

1. Property Details Schedule: Comprehensive property information including fixtures and fittings

2. Marketing Plan: Detailed marketing strategy and activities

3. Commission Schedule: Detailed breakdown of commission structure and scenarios

4. Property Disclosure Statement: Mandatory disclosures about property condition

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

Relevant legal definitions
Clauses
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and settlement processes

Fair Housing Act: Federal law prohibiting discrimination in real estate transactions based on race, color, religion, sex, national origin, familial status, or disability

Americans with Disabilities Act: Federal law ensuring equal access and preventing discrimination against individuals with disabilities in real estate transactions

Truth in Lending Act: Federal law requiring disclosure of credit terms and standardizing how costs associated with borrowing are calculated and disclosed

FTC Regulations: Federal Trade Commission regulations governing advertising, marketing, and consumer protection in real estate transactions

State Real Estate Licensing Laws: State-specific regulations governing the licensing and conduct of real estate professionals

State Disclosure Requirements: State-mandated disclosures regarding property condition, defects, and other material facts

State Consumer Protection Laws: State-specific laws protecting consumers in real estate transactions from unfair or deceptive practices

State Agency Relationship Laws: Laws governing the relationship between real estate agents and their clients, including fiduciary duties and responsibilities

State Contract Laws: State-specific laws governing the formation, execution, and enforcement of contracts

NAR Code of Ethics: National Association of REALTORSยฎ professional standards and ethical requirements for member agents

State Real Estate Commission Rules: Regulatory requirements and professional standards set by state real estate commissions

MLS Rules: Multiple Listing Service requirements for listing properties and conducting real estate transactions

Duration Provisions: Contract terms specifying the length of the listing agreement and any renewal conditions

Commission Structure: Terms defining the agent's compensation, including commission rates and payment conditions

Agent Authority Scope: Defined parameters of the agent's authority to act on behalf of the seller

Seller Obligations: Contractual requirements and responsibilities of the seller during the listing period

Property Description Requirements: Specifications for accurately describing and pricing the property

Marketing Requirements: Terms specifying required marketing activities and promotional strategies

Dual Agency Provisions: Terms governing situations where the agent represents both buyer and seller

Termination Clauses: Conditions and procedures for early termination of the listing agreement

Dispute Resolution: Procedures and mechanisms for resolving disputes between parties to the agreement

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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