The Exclusive Seller Listing Agreement is fundamental to professional real estate transactions in the United States. This document establishes a contractual relationship where a property owner grants sole and exclusive rights to a real estate broker to market and sell their property. The agreement typically includes detailed terms about listing duration, commission structure, marketing strategies, and mutual obligations. It's essential for protecting both parties' interests and ensuring compliance with state and federal real estate regulations. This type of agreement is particularly important in competitive markets where clear representation terms are crucial.
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1. Parties: Identifies the seller and the real estate broker/agent, including full legal names and addresses
2. Background: Brief context about the property being listed and the intent to create an exclusive listing relationship
3. Definitions: Key terms used throughout the agreement including 'Property', 'Listing Period', 'Listing Price', etc.
4. Appointment and Authority: Establishes the exclusive right to sell and represent the property
5. Listing Period: Specifies the duration of the agreement, including start and end dates
6. Listing Price: States the agreed-upon listing price and terms for potential price adjustments
7. Commission: Details the commission structure, payment terms, and conditions
8. Broker's Obligations: Lists all services and duties the broker agrees to perform
9. Seller's Obligations: Outlines the seller's responsibilities and commitments
1. Virtual Tours and Photography: Terms regarding digital marketing materials and professional photography services
2. Open Houses: Terms regarding conducting open houses and associated responsibilities
3. Lockbox Authorization: Terms for using a lockbox on the property and access management
4. Dual Agency: Terms regarding potential dual agency situations and associated disclosures
1. Property Description Schedule: Detailed description of the property including address, legal description, and included items
2. Marketing Plan Schedule: Detailed marketing strategy and timeline
3. Property Disclosure Statement: Mandatory disclosures about property condition
4. Agency Disclosure Form: State-required agency relationship disclosures
5. Commission Schedule: Detailed breakdown of commission structure and special circumstances
Relevant legal definitions
Agreement
Brokerage
Broker
Commission
Effective Date
Exclusive Right to Sell
Expiration Date
Listing Period
Listing Price
Material Defects
MLS (Multiple Listing Service)
Net Proceeds
Owner/Seller
Property
Protected Period
Purchase Agreement
Qualified Buyer
Real Property
Sale
Selling Price
Term of Agreement
Transaction
Valid Offer
Brokerage
Broker
Commission
Effective Date
Exclusive Right to Sell
Expiration Date
Listing Period
Listing Price
Material Defects
MLS (Multiple Listing Service)
Net Proceeds
Owner/Seller
Property
Protected Period
Purchase Agreement
Qualified Buyer
Real Property
Sale
Selling Price
Term of Agreement
Transaction
Valid Offer
Clauses
Appointment and Authority
Commission and Compensation
Duration and Termination
Exclusivity
Marketing and Advertising
Price and Terms
Property Access
Property Description
Representations and Warranties
Broker Obligations
Seller Obligations
Agency Disclosure
Dispute Resolution
Indemnification
Insurance
Multiple Listing Service
Protected Period
Force Majeure
Governing Law
Assignment
Severability
Entire Agreement
Modification
Notice Requirements
Default and Remedies
Commission and Compensation
Duration and Termination
Exclusivity
Marketing and Advertising
Price and Terms
Property Access
Property Description
Representations and Warranties
Broker Obligations
Seller Obligations
Agency Disclosure
Dispute Resolution
Indemnification
Insurance
Multiple Listing Service
Protected Period
Force Majeure
Governing Law
Assignment
Severability
Entire Agreement
Modification
Notice Requirements
Default and Remedies
Relevant Industries
Relevant Teams
Relevant Roles
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