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Real Estate Agent Exclusive Listing Agreement Template for Canada

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Key Requirements PROMPT example:

Real Estate Agent Exclusive Listing Agreement

"I need a Real Estate Agent Exclusive Listing Agreement for my luxury waterfront property in Vancouver, with specific provisions for international marketing and virtual tours, starting from March 1, 2025, with a six-month term and a higher commission rate for sales over $5 million."

Document background
The Real Estate Agent Exclusive Listing Agreement is a fundamental document in Canadian real estate transactions, used when a property owner decides to sell their property through a single real estate agent or brokerage. This legally binding agreement grants the agent exclusive rights to market and sell the property for a specified period, protecting their interests while ensuring professional service delivery to the seller. The document must comply with provincial real estate regulations and typically includes essential elements such as listing price, commission structure, marketing commitments, and service obligations. It serves as the primary contract governing the relationship between the seller and the real estate professional, establishing clear expectations and responsibilities for both parties. This agreement is particularly important in Canadian markets where multiple listing services (MLS) are prevalent and professional real estate services are highly regulated.
Suggested Sections

1. Parties: Identifies the property owner (the 'Seller') and the licensed real estate brokerage/agent (the 'Agent')

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

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

4. Appointment and Authority: Establishes the exclusive right of the Agent to sell the property and outlines the scope of authority granted

5. Listing Period: Specifies the duration of the exclusive listing agreement, including start and end dates

6. Listing Price and Terms: States the asking price and basic terms for selling the property

7. Commission Structure: Details the commission rate, when it becomes payable, and any conditions

8. Agent's Obligations: Lists the services and duties the Agent will provide, including marketing efforts and showing commitments

9. Seller's Obligations: Outlines the Seller's responsibilities, including providing accurate information and maintaining the property

10. Property Access: Terms for providing access to the property for showings and inspections

11. Marketing Authorization: Permissions for advertising, signage, and use of property information and images

12. Termination: Conditions and process for ending the agreement

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

14. Dispute Resolution: Process for handling disagreements between parties

15. General Provisions: Standard legal clauses including governing law, entire agreement, and amendments

Optional Sections

1. Multiple Listing Service (MLS) Authorization: Terms for listing on MLS system, used when the Seller wants MLS exposure

2. International Marketing: Additional terms for marketing the property internationally, used for high-end properties or those likely to attract foreign buyers

3. Property Management: Terms for managing the property during the listing period if the property is vacant or requires special maintenance

4. Holdover Period: Terms regarding commission payment for sales occurring after the listing period to protected buyers, used in markets where this is common

5. Teams and Assistants: Details about additional agent team members who may be involved, used when multiple agents will handle the listing

6. Virtual Tours and Digital Marketing: Specific terms for digital marketing strategies and virtual showing technologies

7. Dual Agency Provisions: Required when the brokerage may represent both buyer and seller

8. Environmental Matters: Special provisions for properties with known environmental issues or concerns

Suggested Schedules

1. Schedule A - Property Description: Detailed description of the property including legal description, fixtures, and inclusions/exclusions

2. Schedule B - Commission Schedule: Detailed breakdown of commission structures, including any variable rates or special circumstances

3. Schedule C - Marketing Plan: Detailed marketing strategy and commitments from the Agent

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

5. Schedule E - Photography and Media Release: Detailed terms for use of property photos and media

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

8. Appendix 3 - Service Level Agreement: Detailed breakdown of specific services to be provided by the Agent

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

Residential Housing

Commercial Property

Real Estate Services

Property Management

Legal Services

Professional Services

Relevant Teams

Legal

Real Estate Operations

Sales

Compliance

Contract Administration

Business Development

Marketing

Property Management

Document Management

Relevant Roles

Real Estate Agent

Real Estate Broker

Property Manager

Real Estate Agency Owner

Brokerage Manager

Real Estate Legal Counsel

Compliance Officer

Real Estate Operations Manager

Contract Administrator

Business Development Manager

Sales Director

Property Marketing 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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