The Exclusive Brokerage Listing Agreement is a crucial 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 agreement type provides the brokerage with exclusive rights to market and sell the property, meaning the owner cannot list with other brokerages during the contract period. The document is essential for establishing clear terms of engagement, protecting both parties' interests, and ensuring compliance with provincial real estate regulations. It typically includes detailed property information, commission structures, marketing commitments, and service obligations. The agreement's exclusive nature incentivizes brokerages to invest maximum resources in marketing and selling the property, as they are guaranteed commission if the property sells during the listing period, regardless of who brings the buyer.
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1. Parties: Identifies the property owner (seller) and the brokerage firm, including full legal names and contact information
2. Background: Establishes the context of the agreement, including the owner's intention to sell the property and the brokerage's qualifications
3. Definitions: Defines key terms used throughout the agreement, including 'Property', 'Listing Period', 'Commission', and 'Exclusive Right'
4. Property Description: Detailed description of the property being listed, including legal description and municipal address
5. Listing Terms: Specifies the listing price, listing period, and any conditions related to the property's marketing
6. Brokerage Services: Outlines the specific services the brokerage will provide, including marketing strategies and showing arrangements
7. Commission Structure: Details the commission rate, payment terms, and circumstances under which commission becomes payable
8. Seller's Representations and Warranties: Seller's confirmations regarding property ownership, condition, and authority to sell
9. Brokerage's Obligations: Specific duties and responsibilities of the brokerage firm
10. Seller's Obligations: Specific duties and responsibilities of the property owner
11. Term and Termination: Duration of the agreement and conditions for early termination
12. Holdover Period: Terms regarding post-expiration period and protection of brokerage's interests
13. Dispute Resolution: Process for resolving disputes between parties
14. Governing Law: Specifies that the agreement is governed by Canadian law and applicable provincial legislation
15. Execution: Signature block and date of agreement
1. Multiple Listing Service: Terms regarding MLS listing, used when the property will be listed on MLS
2. Photography and Virtual Tours: Specific terms regarding professional photography and virtual tour services, used when these services are included
3. Property Management: Terms regarding property management during the listing period, used for vacant properties or those requiring special management
4. International Marketing: Additional terms for international marketing efforts, used when targeting foreign buyers
5. Tenant Rights: Special provisions regarding existing tenants, used when the property is tenant-occupied
6. Environmental Matters: Special provisions regarding environmental issues, used for properties with known environmental concerns
7. Heritage Property Provisions: Special terms for heritage properties, used when the property has heritage designation
8. Assignment Rights: Terms regarding the assignment of the agreement, used when assignment rights are granted
1. Schedule A - Property Details: Comprehensive description of the property, including fixtures, chattels, and exclusions
2. Schedule B - Marketing Plan: Detailed marketing strategy and promotional activities to be undertaken by the brokerage
3. Schedule C - Commission Schedule: Detailed breakdown of commission structures and payment terms
4. Schedule D - Property Disclosure Statement: Seller's declarations regarding the property's condition and known issues
5. Schedule E - Service Level Agreement: Detailed description of specific services to be provided by the brokerage
6. Appendix 1 - Property Photos: Current photographs of the property
7. Appendix 2 - Property Documents: Copies of relevant property documents (surveys, certificates, etc.)
8. Appendix 3 - Agency Disclosure: Mandatory agency relationship disclosure forms as required by provincial regulations
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Residential Property
Commercial Property
Industrial Property
Retail Property
Mixed-Use Development
Luxury Real Estate
Property Management
Real Estate Investment
Professional Services
Relevant Teams
Legal
Real Estate Operations
Sales
Marketing
Compliance
Business Development
Contract Administration
Client Relations
Property Management
Transaction Processing
Relevant Roles
Real Estate Broker
Real Estate Agent
Property Owner
Real Estate Attorney
Property Manager
Real Estate Marketing Manager
Compliance Officer
Legal Counsel
Business Development Manager
Transaction Coordinator
Real Estate Operations Manager
Contract Administrator
Sales Director
Marketing Coordinator
Client Relations Manager
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