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Listing Agreement for Canada

Listing Agreement Template for Canada

A Canadian Listing Agreement is a legally binding contract between a property owner (seller) and a real estate brokerage firm that establishes the terms and conditions under which the brokerage will market and sell the property. The agreement, governed by provincial real estate laws and regulations, outlines the broker's authority, commission structure, listing duration, marketing strategies, and both parties' obligations. It serves as the foundational document for the property sale process, incorporating specific provincial requirements and ensuring compliance with local real estate practices and consumer protection laws.

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What is a Listing Agreement?

The Listing Agreement is a crucial document in Canadian real estate transactions that formalizes the relationship between a property seller and a real estate brokerage. This contract type is essential when a property owner wishes to engage professional services for selling their property, whether residential, commercial, or industrial. The agreement must comply with provincial real estate regulations and typically includes detailed specifications about the property, listing price, commission structure, marketing approach, and duration of the listing. It serves as the primary reference point for the rights and obligations of both parties throughout the selling process, incorporating necessary protections and disclosures required by Canadian law. The document's format and content may vary by province but must always align with local real estate board requirements and provincial legislation.

What sections should be included in a Listing Agreement?

1. Parties: Identification of the seller(s) and the brokerage firm, including full legal names, addresses, and licensing information

2. Background: Brief context explaining the seller's intention to list the property and the broker's qualification to provide the service

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

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

5. Appointment and Authority: Formal appointment of the brokerage and scope of authority granted by the seller

6. Listing Terms: Listing price, listing period, and any specific conditions of the listing

7. Commission Structure: Detailed breakdown of commission rates, payment terms, and circumstances under which commission becomes payable

8. Broker's Obligations: Comprehensive list of services the broker will provide, including marketing efforts and showing commitments

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

10. Marketing Authorization: Permissions for advertising, signage, photography, and other promotional activities

11. Term and Termination: Duration of the agreement, renewal terms, and conditions for early termination

12. Representations and Warranties: Statements of fact by both parties regarding their authority, the property's condition, and other material facts

13. Execution: Signature block with date and witness provisions

What sections are optional to include in a Listing Agreement?

1. Multiple Listing Service Authorization: Specific terms for MLS listing, used when the property will be listed on MLS systems

2. Virtual Tour and Digital Marketing: Specific provisions for digital marketing strategies, used when advanced online marketing is planned

3. Property Management: Additional terms for managing the property during the listing period, used for vacant properties

4. International Marketing: Special provisions for marketing to international buyers, used for luxury or unique properties

5. Holdover Clause: Terms regarding commission payment for sales after listing expiration, used in markets where this is common

6. Dual Agency Provisions: Terms governing situations where the broker represents both buyer and seller, used where permitted by law

7. Environmental Matters: Special provisions for properties with environmental considerations, used for industrial or contaminated properties

What schedules should be included in a Listing Agreement?

1. Schedule A - Property Details: Comprehensive property information including fixtures, chattels, and excluded items

2. Schedule B - Marketing Plan: Detailed marketing strategy and commitments from 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 - Service Level Agreement: Specific services to be provided by the brokerage with timelines

6. Appendix 1 - Property Photos: Initial property photographs and approved marketing images

7. Appendix 2 - Property Documents: Copies of relevant property documents such as surveys, certificates, or permits

Authors

Alex Denne

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

Jurisdiction

Canada

Publisher

Ƶ

Document Type

Agreement Contract

Cost

Free to use
Relevant legal definitions



































Clauses


































Relevant Industries

Real Estate

Residential Property

Commercial Property

Industrial Property

Property Development

Property Management

Legal Services

Financial Services

Construction

Real Estate Investment

Relevant Teams

Legal

Real Estate Operations

Sales

Business Development

Compliance

Property Management

Contract Administration

Transaction Processing

Investment

Risk Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Lawyer

Legal Counsel

Contract Manager

Business Development Manager

Sales Director

Real Estate Partner

Property Developer

Investment Manager

Compliance Officer

Real Estate Operations Manager

Transaction Coordinator

Real Estate Administrator

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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