Listing Agent Agreement for the United States

Listing Agent Agreement Template for United States

A Listing Agent Agreement is a legally binding contract used throughout the United States that establishes the professional relationship between a property owner and a real estate agent/broker. The agreement grants the agent exclusive rights to market and sell the property, outlines commission structures, defines the duration of the listing, and specifies the responsibilities of both parties. It must comply with federal real estate laws, state-specific licensing requirements, and local real estate regulations.

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What is a Listing Agent Agreement?

The Listing Agent Agreement serves as the foundational document in a property sale transaction, establishing the terms under which a real estate professional will represent the property owner. This contract type is essential for protecting both parties' interests and ensuring clarity in their business relationship. Used across all U.S. states (with state-specific variations), it outlines commission structures, marketing commitments, duration of representation, and specific obligations of both parties. The agreement must comply with state real estate laws, RESPA regulations, and local real estate board requirements. It's particularly important as it grants the agent exclusive rights to market the property and defines the conditions under which they will be compensated.

What sections should be included in a Listing Agent Agreement?

1. Parties: Identification of the property owner(s) and the listing agent/brokerage

2. Background: Brief context about the property and the owner's intention to sell

3. Definitions: Key terms used throughout the agreement

4. Appointment and Authority: Formal appointment of agent and scope of authority granted

5. Property Details: Complete description of the property being listed

6. Listing Price: Agreed listing price and pricing strategy

7. Commission Structure: Details of commission rates and payment terms

8. Term of Agreement: Duration of the listing agreement and key dates

9. Agent's Obligations: Detailed responsibilities of the listing agent

10. Owner's Obligations: Responsibilities and commitments of the property owner

11. Termination: Conditions and process for ending the agreement

What sections are optional to include in a Listing Agent Agreement?

1. Protection Period: Post-termination period where agent may still be entitled to commission

2. Marketing Plan: Specific marketing strategies and commitments

3. Virtual Tours/Photography: Specific arrangements for property imagery

4. Dual Agency: Provisions for agent representing both buyer and seller

5. Property Management: Additional services during listing period

What schedules should be included in a Listing Agent Agreement?

1. Property Details Schedule: Detailed property specifications and features

2. Marketing Schedule: Detailed marketing plan and timeline

3. Commission Schedule: Detailed breakdown of commission structure

4. Required Disclosures: State-mandated property disclosures

5. Property Photos: Current photographs of the property

6. Agency Disclosure Form: State-required agency relationship disclosure

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

Cost

Free to use

Relevant legal definitions

Clauses

Relevant Industries

Real Estate
Property Development
Property Investment

Relevant Teams

Real Estate Sales
Legal
Compliance
Marketing
Operations

Relevant Roles

Real Estate Agent
Real Estate Broker
Property Manager
Real Estate Attorney
Compliance Officer

Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate transactions and settlement processes, including requirements for disclosures and prohibitions on kickbacks

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

TILA: Truth in Lending Act - Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

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

Sherman Antitrust Act: Federal law prohibiting anti-competitive behavior and price fixing in real estate services

State Licensing Laws: State-specific requirements governing real estate agent licensing, continuing education, and professional conduct

State Disclosure Requirements: State-mandated disclosures regarding property condition, agent relationships, and transaction details

State Agency Laws: State-specific laws defining and regulating agency relationships between real estate professionals and their clients

Local Real Estate Regulations: Municipal and county-specific requirements affecting real estate transactions and agent conduct in local jurisdictions

MLS Regulations: Multiple Listing Service rules governing property listing procedures, data sharing, and cooperation between agents

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

Commission Regulations: State and local regulations regarding real estate commission structures, disclosures, and payment terms

Contract Law Requirements: State-specific contract law requirements affecting the formation, execution, and enforcement of listing agreements

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

Dispute Resolution Requirements: State and federal requirements for handling disputes, including mandatory arbitration or mediation provisions

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A U.S.-governed contract establishing an exclusive relationship between a property owner and real estate agent, granting sole rights for property marketing and sale/lease.

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What is a Listing Agent Agreement?

What sections should be included in a Listing Agent Agreement?

What sections are optional to include in a Listing Agent Agreement?

What schedules should be included in a Listing Agent Agreement?

Authors

Alex Denne

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