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Exclusive Agency Listing Contract Template for Canada

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Key Requirements PROMPT example:

Exclusive Agency Listing Contract

"I need an Exclusive Agency Listing Contract for my downtown Toronto residential property, with a 6-month listing period starting March 1, 2025, including standard commission rates and MLS listing permissions."

Document background
The Exclusive Agency Listing Contract is a fundamental document in Canadian real estate transactions, used when a property owner wishes to engage a single brokerage firm for the sale of their property. This contract type grants exclusive rights to the brokerage to market and sell the property, ensuring focused effort and clear accountability in the sales process. It is particularly important in both residential and commercial property sales across Canadian provinces, where real estate transactions are governed by specific provincial regulations and professional standards. The document typically includes detailed terms about commission structures, marketing strategies, property representation, and the obligations of all parties involved. This agreement is essential for establishing clear agency relationships and protecting the interests of both the property owner and the brokerage firm.
Suggested Sections

1. Parties: Identification of the property owner(s) ('Seller') and the licensed real estate brokerage ('Brokerage')

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

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

4. Appointment and Authority: Explicit grant of exclusive authority to the Brokerage to market and sell the property

5. Property Description: Detailed description of the property being listed, including legal description and municipal address

6. Listing Price and Terms: Agreed listing price and basic terms of the desired sale

7. Listing Period: Duration of the agreement, including start and end dates

8. Commission Structure: Detailed breakdown of commission rates and when they become payable

9. Brokerage Services and Obligations: Specific services the Brokerage will provide in marketing and selling the property

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

11. Seller's Obligations: Seller's responsibilities including property access, cooperation, and disclosure requirements

12. Marketing Authorization: Seller's permission for various marketing activities, including use of photos and property information

13. Privacy Consent: Authorization for collection and use of personal information in accordance with PIPEDA

14. Termination: Conditions and process for ending the agreement

15. Governing Law: Specification that the agreement is governed by the laws of the relevant Canadian province

16. Execution: Signature blocks and date of agreement

Optional Sections

1. Holdover Period: Terms regarding commission payment for sales occurring after agreement expiration to protected buyers. Include when required by provincial regulations or brokerage policy

2. Multiple Listing Service Authorization: Permission to list on MLS systems. Optional if seller wants exclusive marketing only

3. Property Management: Terms for managing the property during the listing period. Include for vacant properties or those requiring special management

4. International Marketing: Special provisions for marketing to international buyers. Include for luxury properties or those likely to attract foreign buyers

5. Virtual Tours and Digital Marketing: Specific terms for digital marketing strategies. Include when advanced digital marketing is planned

6. Dual Agency Consent: Terms allowing the brokerage to represent both buyer and seller. Include where permitted by provincial law and agreed to by seller

7. Sale Conditions: Special conditions affecting the sale (e.g., tenant rights, development approvals). Include when specific circumstances exist

Suggested Schedules

1. Schedule A - Property Details: Comprehensive description of the property, including lot size, building specifications, and inclusions/exclusions

2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the Brokerage

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

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

5. Schedule E - Property Photographs: Approved photographs and images for marketing purposes

6. Appendix 1 - Required Provincial Disclosures: Mandatory disclosures required by provincial real estate regulations

7. Appendix 2 - Agency Relationship Disclosure: Explanation of agency relationships and obligations as required by provincial law

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions































Clauses






























Relevant Industries

Real Estate

Property Development

Legal Services

Financial Services

Property Management

Construction

Professional Services

Residential Property

Commercial Property

Relevant Teams

Real Estate Operations

Legal

Sales

Business Development

Compliance

Property Management

Marketing

Contract Administration

Transaction Processing

Investment Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Attorney

Legal Counsel

Business Development Manager

Sales Director

Property Developer

Real Estate Investment Manager

Compliance Officer

Contract Administrator

Real Estate Operations Manager

Transaction Coordinator

Marketing Manager

Real Estate Portfolio 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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