The Exclusive Listing Agreement is a fundamental document in Canadian real estate transactions, establishing a legally binding relationship between property owners and real estate professionals. This contract type is essential when property owners wish to ensure their listing is handled by a single brokerage, typically offering more dedicated service and clearer accountability. The agreement must comply with provincial real estate regulations and federal laws, including PIPEDA for privacy considerations and FINTRAC requirements for anti-money laundering. It contains crucial details about the property, listing terms, commission structures, and marketing strategies, while defining the exclusive rights and obligations of both parties. The document is particularly important in both residential and commercial real estate transactions across Canada, where it serves as the foundation for the professional relationship between the property owner and their chosen real estate representative.
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1. Parties: Identifies the property owner(s) and the real estate brokerage/agent, including full legal names and contact information
2. Background: Brief context explaining the owner's intention to sell the property and engage the agent's services
3. Definitions: Defines key terms used throughout the agreement including 'Listing Period', 'Listing Price', '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 terms of exclusivity
6. Commission Structure: Details of the commission rate, when it becomes payable, and any additional fees
7. Agent's Obligations: Comprehensive list of services and duties the agent agrees to perform
8. Seller's Obligations: Seller's commitments including providing accurate information and maintaining the property
9. Marketing Authorization: Permission for advertising, photography, signage, and other promotional activities
10. Termination: Conditions and process for early termination of the agreement
11. Holdover Period: Terms regarding commission payment for sales occurring after agreement expiration
12. Governing Law: Specifies that the agreement is governed by Canadian law and the applicable provincial jurisdiction
13. Execution: Signature block and date of agreement
1. Multiple Listing Service: Terms for MLS listing, used when the property will be listed on MLS systems
2. Virtual Tours and Digital Marketing: Specific provisions for digital marketing strategies, used when advanced online marketing is planned
3. Property Management: Terms for managing the property during the listing period, used for vacant properties or those requiring special management
4. International Marketing: Additional provisions for international marketing efforts, used when targeting foreign buyers
5. Tenant Rights: Provisions regarding existing tenants' rights and showing arrangements, used for tenanted properties
6. Environmental Matters: Special provisions for properties with environmental considerations or requirements
7. Development Potential: Additional terms regarding the property's development potential, used for properties with significant development opportunities
8. Privacy Policy: Detailed privacy terms, used when extensive personal information handling is involved
1. Schedule A - Property Details: Comprehensive property information including lot size, building specifications, and included fixtures/chattels
2. Schedule B - Marketing Plan: Detailed marketing strategy and activities to be undertaken by the agent
3. Schedule C - Commission Schedule: Detailed breakdown of commission structures and payment terms
4. Schedule D - Property Disclosure Statement: Seller's declarations about the property's condition and known issues
5. Appendix 1 - Property Photos: Initial photographs of the property condition at time of listing
6. Appendix 2 - Property Documents: Copies of relevant property documents (surveys, certificates, etc.)
7. Appendix 3 - Service Providers: List of approved photographers, stagers, and other service providers
Relevant legal definitions
Clauses
Relevant Industries
Real Estate
Property Development
Property Management
Legal Services
Financial Services
Construction
Property Investment
Commercial Property
Residential Property
Relevant Teams
Legal
Real Estate
Compliance
Sales
Business Development
Property Management
Marketing
Contract Administration
Investment
Risk Management
Relevant Roles
Real Estate Agent
Real Estate Broker
Property Manager
Real Estate Attorney
Legal Counsel
Compliance Officer
Real Estate Transaction Coordinator
Business Development Manager
Sales Director
Property Developer
Investment Manager
Real Estate Portfolio Manager
Agency Principal
Contract Administrator
Real Estate Marketing Manager
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